Schuyler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONOVAN CHAD BREVIK, No. 1:23-cv-01570-SKO (HC) Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. FOR FAILURE TO EXHAUST STATE

REMEDIES

CHARLES SCHUYLER, [TWENTY-ONE DAY DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed the instant habeas petition on July 31, 2023, challenging his 2017 conviction in Calaveras County Superior Court. The petition appears to contain unexhausted claims; therefore, Petitioner will be ordered to show cause why it should not be dismissed without prejudice. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to…