Cates

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MIGUEL C. AGUILAR, Case No.: 3:21-cv-0909-CAB-AGS

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE AND WITH

LEAVE TO AMEND

B. CATES, Warden Respondent. 16 17 On May 10, 2021, Petitioner, a state prisoner proceeding pro se, filed a petition for writ habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Eastern District of California. (ECF No. 1.) On May 11, 2021, the Eastern District Court issued an Order authorizing Petitioner to proceed in forma pauperis. (ECF No. 3). On May 12, 2021, the case was transferred to this Court pursuant to 28 U.S.C. § 2241(d). (ECF No. 4.) FAILURE TO ALLEGE EXHAUSTION The Petition must be dismissed because Petitioner has failed to allege exhaustion of state court remedies. Habeas petitioners who wish to challenge either their state court conviction or the length of their confinement in state prison,…