Darby

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID SABINO QUAIR III, Case No. 1:22-cv-01142-JLT-EPG-HC

Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. FOR FAILURE TO EXHAUST STATE

JUDICIAL REMEDIES

MATT DARBY, Respondent.

14 Petitioner David Sabino Quair III is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION 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. Here, it appears that Petitioner may have failed to exhaust the claims that he raises in the instant…