(HC) Roman-Gamino v. Sacramento District Attorney

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JUAN MANUEL ROMAN-GAMINO, No. 2:21-cv-1589-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SACRAMENTO DISTRICT ATTORNEY, Respondent. 15 Petitioner, a state prisoner proceeding without counsel, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.1 Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it plainly appears from the petition that the petitioner is not entitled to relief. After reviewing the instant petition, the court finds that petitioner has failed to exhaust state court remedies. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them to the federal court. Picard v. Connor, 404 U.S.…