(HC) Marroquin v. People of the State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICOLAS ANDRES MARROQUIN, Case No. 1:21-cv-01735-JLT-HBK (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY FIRST

AMENDED PETITION SHOULD NOT BE

13 v. DISMISSED AS MIXED PETITION1 14 M.B. ATCHLEY, (Doc. Nos. 6)

15 Respondent. 16 17 18 19 Petitioner Nicolas Andres Marroquin, a state prisoner proceeding pro se, has pending a 20 First Amended Petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 6). On 21 April 27, 2022, Respondent filed a motion to dismiss the amended petition because it contains 22 unexhausted claims. (Doc. No. 12). As of the date of this order, Petitioner has not filed a 23 response to the motion, nor requested an extension of time to respond, and the time for doing so 24 has long expired. (See Doc. No. 7 at ¶ 3, advising Petitioner that he has thirty (30) days to file a 25 response if Respondent files motion to dismiss). Because the First Amended Petition contains 26 unexhausted claims, the Court orders…