(HC) Upshaw v. CSP Los Angeles

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHN WILLIAM UPSHAW, Case No. 1:22-cv-00898-SAB-HC

Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. FOR FAILURE TO EXHAUST STATE

REMEDIES

CSP LOS ANGELES,

Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION On July 21, 2022, the Court received the instant petition for writ of habeas corpus wherein Petitioner challenges his 2018 Tulare County Superior Court convictions for residential burglary, residential robbery, attempted carjacking, and unlawful taking of vehicle without owner’s consent. (ECF No. 1 at 2.)1 Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any…