Cass

BACKGROUND

21 According to the petition, Petitioner was found guilty of several charges in Sonoma 22 County Superior Court. Dkt. No. 4 at 1, 2. He was sentenced on April 29, 2022, to 68 23 months in state prison. Id. at 1. Petitioner indicates that his appeal to the state appellate 24 court is “on stay until record is complete.” Id. at 3. Petitioner also indicates that he has 25 not yet filed an appeal to the state high court, presumably because his appeal is still 26 pending. Id. 27 DISCUSSION A. Exhaustion Prisoners in state custody who wish to challenge collaterally in federal habeas proceedings either the fact or length of their confinement are first required to exhaust state judicial remedies, either on direct appeal or through collateral proceedings, by presenting the highest state court available with a fair opportunity to rule on the merits of each and every claim they seek to raise in federal court. See 28 U.S.C. § 2254(b)-(c). If available state remedies have not been exhausted as to all claims, the district court must dismiss the petition. Duckworth v. Serrano, 454 U.S. 1, 3-5 (1981). …