(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, FINDINGS AND RECOMMENDATION TO

DENY STAY AND DISMISS PETITION

v. WITHOUT PREJUDICE

THE PEOPLE OF CALIFORNIA, ORDER DIRECTING CLERK OF COURT

TO RANDOMLY ASSIGN DISTRICT

Respondent. JUDGE

15 Petitioner is currently detained at the Kings County Jail and proceeding pro se with a petition for writ of habeas corpus. On July 17, 2023, Petitioner filed the instant petition for writ of habeas corpus. (ECF No. 1.) On July 20, 2023, the Court ordered Petitioner to show cause why the petition should not be dismissed for failure to exhaust state court remedies. (ECF No. 4.) On August 14, 2023, Petitioner filed her response. (ECF No. 5.) 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…