Gardiser
Gardiser v. Madden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAMES WARREN GARDISER, Case No.: 22cv0743-CAB (WVG)
Petitioner,
NOTICE OF OPTIONS TO AVOID
v. DISMISSAL DUE TO FAILURE TO
EXHAUST STATE COURT
R. MADDEN, Warden,
REMEDIES
Respondent. 16 Petitioner is a state prisoner proceeding pro se with a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) He challenges an August 5, 2021, denial of parole for a sentence of 25 years to life imposed following a 1997 conviction in the San Diego County Superior Court. (Id. at 3-4, 8.) It does not appear that state court remedies have been exhausted as to any claim in the Petition. Although the Petition is subject to dismissal without prejudice due to the failure to exhaust state court remedies, Petitioner is first entitled to be notified of his options to avoid such a dismissal. Habeas petitioners who wish to challenge either their state court conviction or the length of their…