Andrew C. Brewer v. Stu Sherman

CIVIL MINUTES – GENERAL

Case No.: 2:20-cv-00035-FMO-MAA Date: January 8, 2020 Title: Brewer v. Sherman

Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge

Chris Silva N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendants:

N/A N/A

Proceedings (In Chambers): Order to Show Cause Why the Petition Should Not Be Dismissed for Failure to Exhaust

On December 19, 2019, Petitioner Andrew C. Brewer, acting pro se, executed a petition for a writ of habeas corpus. (“Petition,” ECF No. 1.) The Petition alleges two grounds for relief: (1) “Petitioner received unauthorized sentence from plea deal,” and (2) “Petitioner received 5 enhancements from an unauthorized plea[] deal.” (Id. at 5.) Setting aside the question of whether the Petition presents cognizable grounds for federal habeas relief, the Petition appears to be wholly unexhausted.

A state prisoner must exhaust his state court remedies before a federal court may consider granting habeas corpus relief. See 28 U.S.C. § 2254(b)(1)(A); O’Sullivan v. Boerckel, 526 U.S. 838,…