Frias

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GREGORIO FRIAS, Case No. 20-cv-08507-VC (PR) Petitioner,

ORDER OF DISMISSAL WITHOUT

Vv. PREJUDICE

SCOTT A. FRAUENHEIM,

Respondent. Gregorio Frias, a state inmate, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C § 2254 challenging a judgment from the Monterey County superior court. In an order filed on January 14, 2021, the court explained that, because the petition indicated that Frias did not file a direct appeal or any state habeas petitions, the claims in his petition were unexhausted. The court explained that claims presented to a federal habeas court must first be exhausted in the state courts. See 28 U.S.C. § 2254(b), (c); Rose v. Lundy, 455 U.S. 509, 515-16 (1982). The court also explained that Frias could file a motion under Rhines v. Weber, 544 U.S. 269 (2005) and Mena vy. Long, 813 F.3d 907 (9th Cir. 2016), to have his petition stayed in federal court while he exhausted his claims in state court. The court allowed Frias 28 days in which to file such a motion or his petition would be dismissed without prejudice to…