(HC) Dehart v. Fresno Superior Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMY COLE DEHART, No. 1:23-cv-01716-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
v.
FINDINGS AND RECOMMENDATION
TO SUMMARILY DISMISS
FRESNO SUPERIOR COURT, UNEXHAUSTED PETITION
15 Respondent. [TWENTY-ONE DAY OBJECTION DEADLINE] 17 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 December 13, 2023, challenging his 2020 conviction in Fresno County Superior Court of first degree murder. Because the petition appears to be unexhausted, the Court will recommend it be DISMISSED. 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…