Stephon Alexander v. Christian Pfeiffer

Good Law
United States District Court, Central District of CaliforniaNovember 4, 20192:19-cv-08261California559 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 2:19-cv-08261-MWFEF (SK) Date November 4, 2019 Title Stephon Alexander v. Christian Pfeiffer

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 August 2019, Petitioner constructively filed a petition under 28 U.S.C. § 2254, challenging his October 2016 conviction and sentence for second degree robbery. (ECF 2, 6). 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…

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