Jonathan Cary v. The Attorney General of the State of California

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7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 JONATHAN CARY Case No. 2:19-cv-03272-DSF (SHK) 12 Petitioner, 13

ORDER SUMMARILY DENYING

v. PETITION AS PREMATURE AND 14

UNEXHAUSTED, DISMISSING

THE ATTORNEY GENERAL OF CASE, AND DENYING A

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THE STATE OF CALIFORNIA, CERTIFICATE OF

APPEALABILITY

16 Respondent. 17

18 19 I. BACKGROUND 20 Petitioner Jonathan Cary (“Petitioner”), proceeding pro se, signed and filed 21 a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition” or 22 “Pet.”) pursuant to 28 U.S.C. § 2254.1 Electronic Case Filing Number (“ECF 23 No.”) 1, Pet. On May 31, 2019, the Court issued an Order to Show Cause Why 24 This Action Should Not Be Dismissed As Untimely And Unexhausted (“First 25

26 1 Upon receipt of the Petition, the Clerk of Court notified Petitioner that he had failed to “pay the appropriate filing fee of $5.00” and instructed Petitioner to either pay the $5.00 filing fee or 27 to apply to proceed in forma pauperis (“IFP”). ECF No. 1-1 Notice Re: Discrepancies in…