(HC) Michl v. Black

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA MICHL, No. 2:22-cv-0688 DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CINDY BLACK, Respondent. 16 Petitioner is a civil detainee proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner has paid the filing fee. Before the court is petitioner’s habeas petition for screening. For the reasons set forth below, this court recommends the petition be dismissed without prejudice for petitioner’s failure to exhaust his state remedies. Under Rule 4 of the Rules Governing § 2254 Cases, the court is required to conduct a preliminary review of all petitions for writ of habeas corpus. Pursuant to Rule 4, the court must summarily dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Petitioner is detained at Napa State Hospital pursuant to a commitment order…