Warden
Lamel Wilson v. Warden
Opinion
Trial Court Opinion
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. 2:19-cv-07866-RGK (SK) Date September 17, 2019 Title Lamel Wilson v. Warden
Present: The Honorable Steve Kim, U.S. Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: EXHAUSTION
AND TIMELINESS
In September 2019, Petitioner filed a federal habeas petition under 28 U.S.C. § 2254, challenging his 2017 state conviction and sentence for first degree burglary. (Pet. at 1). On its face, though, the petition is subject to summary dismissal for at least two reasons.
First, Petitioner did not exhaust his claims in California state court. The Court may not review claims not raised in the state courts first through a complete round of direct appeals or state habeas petitions. See 28 U.S.C. § 2254(b)(1)(A) (2012); Baldwin v. Reese, 541 U.S. 27, 29 (2004). Petitioner admits that he did not directly appeal his conviction up to the California Supreme Court. (Pet. at…