Covello

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TOMMY PONCE, SR., Case No. 1:22-cv-00978-DAD-SAB-HC

Petitioner,

ORDER TO SHOW CAUSE WHY

v. PETITION SHOULD NOT BE DISMISSED

FOR FAILURE TO EXHAUST STATE

PATRICK COVELLO, COURT REMEDIES

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. 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 attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254. A petitioner in state custody who is proceeding with a petition for writ of habeas corpus must exhaust state judicial remedies. 28 U.S.C. § 2254(b)(1). The exhaustion doctrine is based on…