(HC) Trammell v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICHOLAS KENNETH TRAMMELL, No. 1:20-cv-01448-NONE-JLT (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS § 2254

v. PETITION STATE OF CALIFORNIA, (Doc. Nos. 1, 6) Respondent. 16 Petitioner Nicholas K. Trammell, a state prisoner proceeding in propria persona, has petitioned this federal court for writ of habeas corpus pursuant to 28 U.S.C. § 2254, even though his state petitions for writs of habeas corpus asserting the same claims are still pending in the California Court of Appeal and California Supreme Court. (Doc. No. 1 at 5–6.) Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302, the instant federal habeas petition was referred to a United States Magistrate Judge. “A federal court may not grant habeas relief to a state prisoner unless the prisoner has first exhausted his state court remedies.” Scott v. Schriro, 567 F.3d 573, 582 (9th Cir. 2009). Because petitioner has yet to…