Warden

Lamel Wilson v. Warden

Good Law
United States District Court, Central District of CaliforniaSeptember 17, 20192:19-cv-07866California541 words

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…

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