Martin Ruiz Sanchez v. M.E. Spearman
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. CV 19-7637-SVW (KS) Date: November 4, 2019 Title Martin Ruiz Sanchez v. M.E. Spearman
Present: The Honorable: Karen L. Stevenson, United States Magistrate Judge
Gay Roberson N/A Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On September 4, 2019, Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (the “Petition”). (Dkt. No. 1.) In a September 16, 2019 Order, the Court recognized two defects in the Petition. (Dkt. No. 4.) First, for three of Petitioner’s claims, he did not indicate the legal and factual basis for his claims and, instead, wrote only “to be developed and exhausted.” (See Petition at 5-6.) Second, Petitioner indicated that some of his claims had not yet been exhausted, rendering the Petition “mixed” and subject to dismissal. (See id.) The Court ordered Petitioner to file, no later than October 16, 2019, either a notice of voluntary dismissal of the three defective…