(HC) Upshaw v. CSP Los Angeles

Caution
United States District Court, Eastern District of CaliforniaAugust 26, 20221:22-cv-00898California488 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, ORDER DIRECTING CLERK OF COURT

TO SEND PETITIONER COPY OF

v. PETITION AND CLOSE CASE

CSP LOS ANGELES, Respondent.

16 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 25, 2022, the Court ordered Petitioner to show cause why the petition should not be dismissed for failure to exhaust state court remedies. (ECF No. 4.) On August 11, 2022, Petitioner filed his response, stating that he was attempting to file the petition in the California Supreme Court. Petitioner requests that the Court return the petition along with the address of the California Supreme Court.1 (ECF No. 6.) The Court construes Petitioner’s response to the order to show cause as a notice of dismissal. See Castro v. United States, 540 U.S. 375, 381–82 (2003) (courts may recharacterize a pro se motion to “create a better correspondence between the substance of…

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