(HC) Driver v. California Supreme Court

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BILLY DRIVER, ) Case No.: 1:22-cv-00374-AWI-BAK (SAB) (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) DISMISS UNEXHAUSTED PETITION WITHOUT v. ) PREJUDICE ) CALIFORNIA SUPREME COURT, ) [THIRTY-DAY OBJECTION DEADLINE]

Respondent. ) ) )

Petitioner filed a Petition for Writ of Habeas Corpus on March 25, 2022. (Doc. 1.) Because the petition appears to be unexhausted, the Court will recommend it be SUMMARILY DISMISSED without prejudice. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court. . .” Rule 4; O’Bremski v. Maass, 915…