Pfeifer

(HC) Harris v. Pfeifer

Good Law
United States District Court, Eastern District of CaliforniaApril 10, 20241:24-cv-00361California869 words

Opinion

trial_court Opinion

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 ERNEST HARRIS, Case No. 1:24-cv-00361-EPG-HC

11 Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

12 v. FOR FAILURE TO EXHAUST STATE

JUDICIAL REMEDIES

13 C. PFEIFER, et al., 14 Respondents.

15 16 Petitioner Ernest Harris is a state prisoner proceeding pro se with a petition for writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. 18 I. 19 DISCUSSION 20 Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a 21 habeas petition and allows a district court to dismiss a petition before the respondent is ordered 22 to file a response, if it “plainly appears from the petition and any attached exhibits that the 23 petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 24 Cases in the United States District Courts, 28 U.S.C. foll. § 2254. 25 In the petition, Petitioner challenges a loss of ninety days of credit along with other 26 presentence…

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