(HC) Moore v. The People of California

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CHRISTINA MOORE, Case No. 1:23-cv-01065-SAB-HC

Petitioner,

ORDER TO SHOW CAUSE WHY

v. PETITION SHOULD NOT BE DISMISSED

FOR FAILURE TO EXHAUST STATE

THE PEOPLE OF CALIFORNIA, COURT REMEDIES

Respondent.

16 Petitioner is currently detained at the Kings County Jail and proceeding pro se with a petition for writ of habeas corpus. Rule 4 of the Rules Governing Section 2254 Cases1 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. Habeas petitions are subject to an exhaustion requirement—either a judicially-created prudential one under 28 U.S.C. § 2241, Dominguez v. Kernan, 906 F.3d 1127, 1135 n.9 (9th Cir. 2018),…