Smith v. California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOSEPH JERMAINE SMITH, Case No. 22-cv-01572-VC

Petitioner, ORDER DIRECTING PETITIONER

TO FILE SUPPLEMENTAL

v. OPPOSITION TO RESPONDENT’S

MOTION TO DISMISS FOR FAILURE

STATE OF CALIFORNIA, et al., TO EXHAUST Respondents. Re: Dkt. No.

Joseph Jermaine Smith, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 1, 2022, the respondent filed a motion to dismiss the petition for failure to exhaust state court remedies. Dkt. No. 18. Smith has filed a letter in opposition. Dkt. No. 20. In the motion, the respondent argues that the three claims raised by Smith in his petition for review before the California Supreme Court are different from the three claims raised in his current habeas petition. The respondent also argues that because Smith has not made a showing of good cause to justify his failure to exhaust, he is not entitled to a stay of his petition. See Mena v. Long, 813 F.3d 907, 912 (9th Cir. 2016); see also Rhines v. Weber, 544 U.S. 269 (2005). The respondent appears correct. However, in his…