Mario Alberto Rodriguez v. W. Montgomery
Opinion
Trial Court Opinion
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. SA CV 19-2093-JGB (SP) Date November 6, 2019 Title MARIO ALBERTO RODRIGUEZ v. W. MONTGOMERY, Warden
Present: The Sheri Pym, United States Magistrate Judge Honorable Kimberly I. Carter n/a n/a Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Petitioner: Attorneys Present for Respondent: n/a n/a Proceedings: (In Chambers) Order to Show Cause Why Petition Should Not Be Dismissed as Unexhausted On November 1, 2019, petitioner filed a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254. Petitioner raises three grounds for relief. In the petition, petitioner states that he did not raise any of the grounds on direct appeal in the California state courts, nor has he filed a state habeas petition raising any of the grounds. As such, petitioner appears to concede that the claims in the petition are wholly unexhausted. If so, the petition is subject to dismissal. Accordingly, the court issues this Order to Show Cause by November 27, 2019 why the petition should…