Richard

Good Law
United States District Court, Northern District of CaliforniaAugust 9, 20234:23-cv-03865California252 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DALE D. RICHARD, Case No. 23-cv-03865-JSW Petitioner,

ORDER OF DISMISSAL

v. CONTRA COSTA COUNTY SHERIFF, ll Respondent. Petitioner, an inmate at the Contra Costa County Jail who is proceeding pro se, filed this || petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petition is clear on its face that 14 || Petitioner has not presented his claims to the California Supreme Court. (ECF No. at 5.) || Petitioner must “fairly present” his claims to the California Supreme Court before filing a habeas a petition under Section 2254 in federal court. See 28 U.S.C. § 2254(b),(c). If available state court || remedies have not been exhausted, the district court must dismiss the petition. See Rose v. Lundy, 455 U.S. at 510; Guizar v. Estelle, 843 F.2d 371, 372 (9th Cir. 1988). Accordingly, this case is || DISMISSED without prejudice to Petitioner filing his claims in a new petition after he has fairly 20 ||…

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