(HC) Cross v. Sheriff Kings Co. Jail

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JEROME LEE CROSS, Case No. 1:23-cv-00923-SKO-HC

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

SHERIFF, KINGS COUNTY JAIL, DISMISS PETITION WITHOUT

PREJUDICE

Respondent. [10-DAY OBJECTION DEADLINE] 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 20, 2023, Petitioner filed the instant habeas petition in this Court. After conducting a preliminary review of the petition, on June 21, 2023, the Court issued an order directing Petitioner to show cause why the petition should not be dismissed for failure to exhaust state remedies. (Doc. 4.) On June 30, 2023, Petitioner filed a response to the order to show cause. (Doc. 5.) Petitioner states he was unaware of the proper appellate procedure and concedes the claims are unexhausted. He seeks to withdraw the instant petition and return to the state courts to exhaust his state remedies. Respondent…