Jerry Bailey v. Warden C.V.S.P.

BACKGROUND

On May 18, 2020, Jerry Bailey (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. See Dkt. 1 (“Petition”). Petitioner challenges his 2017 conviction and resulting sentence of 16 years in state prison. See id. at 1-2. Petitioner raises claims related to Proposition 57 and requests that the Court immediately release him from prison. See id. at 6-8. On November 25, the case was transferred from the Southern District of California to the Central District. See Dkt. 4. On January 11, 2021, the Magistrate Judge issued an Order to Show Cause (“OSC”) why the Petition should not be dismissed for failure to exhaust state remedies. See Dkt. 6. The OSC noted that although Petitioner stated that he raised his claims to the California Supreme Court, he attached a denial only from the Superior Court. See id. Additionally, searches under Petitioner’s name revealed no state habeas petitions filed with the California Supreme Court. See id.' After setting out the relevant legal principles, the Court ordered Petitioner, within twenty-eight (28) days, to either show cause in writing, file a formal stay-and-abey motion,…