Lee James McGrail v. Xavier Beccerra

CIVIL MINUTES – GENERAL

Case No. CV 18-3642 JVS (PVC) Date: August 24, 2020 Title Lee James McGrail v. Xavier Becerra

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

STAY IN THIS ACTION SHOULD NOT BE LIFTED FOR

PETITIONER’S FAILURE TO BEGIN THE EXHAUSTION

PROCESS IN STATE COURT

Petitioner, a California state prisoner proceeding pro se, constructively filed a habeas petition pursuant to 28 U.S.C. § 2254 on April 1, 2018.1 (“Petition,” Dkt. No. 3). The Petition raises two claims: (1) the police department failed to advise Petitioner of his right to consular assistance under the Vienna Convention, and (2) counsel provided ineffective assistance by failing to adequately investigate “foreign treaties,” evidence adverse to Petitioner, or the need for expert and character witnesses. (Petition at 3-4). Because neither claim was exhausted before Petitioner filed the instant…