Richard

• Court: District Court, N.D. California
• Decided: August 9, 2023
• Docket: 4:23-cv-03865
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DALE D. RICHARD, Case No. 23-cv-03865-JSW 8 Petitioner, ORDER OF DISMISSAL 9 v. 10 CONTRA COSTA COUNTY SHERIFF, ll Respondent. 12 Petitioner, an inmate at the Contra Costa County Jail who is proceeding pro se, filed this 5 13 || 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.) 3 15 || Petitioner must “fairly present” his claims to the California Supreme Court before filing a habeas a 16 petition under Section 2254 in federal court. See 28 U.S.C. § 2254(b),(c). If available state court 3 17 || remedies have not been exhausted, the district court must dismiss the petition. See Rose v. Lundy, 18 455 U.S. at 510; Guizar v. Estelle, 843 F.2d 371, 372 (9th Cir. 1988). Accordingly, this case is 19 || DISMISSED without prejudice to Petitioner filing his claims in a new petition after he has fairly 20 || presented them to the California Supreme Court and the California Supreme Court has rendered a 21 decision. 22 Petitioner is GRANTED leave to proceed in forma pauperis and no fee is due. The Clerk 23 shall enter judgment and close the file. 24 IT IS SO ORDERED. 25 || Dated: August 9, 2023 26 /} 27 i 38 JEFFREY §. □□□ United jhates Dytrict Judge