Brandon Brown v. Superior Court of Los Angeles for the State of California et al
Filing
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ORDER SUMMARILY DISMISSING CASE WITHOUT PREJUDICE by Judge Gary A. Feess. Case Terminated. Made JS-6. (ib)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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BRANDON BROWN,
Petitioner,
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vs.
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MARTIN D. BITER, Warden,
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Respondent.
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CASE NO. CV 12-7826 GAF (RZ)
ORDER SUMMARILY DISMISSING
ACTION WITHOUT PREJUDICE
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The Court will dismiss the action summarily because Petitioner expressly
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indicates that none of his claims has been exhausted in the state courts, as is required for
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habeas relief. See generally 28 U.S.C. § 2254(b).
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Generally, Rule 4 of the Rules Governing Section 2254 Cases in the United
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States District Courts provides that “[i]f it plainly appears from the face of the petition and
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any exhibits annexed to it that the petitioner is not entitled to relief in the district court, the
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judge shall make an order for its summary dismissal and cause the petitioner to be
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notified.” More specifically, the Ninth Circuit indicates that a district court presented with
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an entirely unexhausted petition may, or even must, dismiss the action. Raspberry v.
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Garcia, 448 F.3d 1150, 1154 (9th Cir. 2006) (“Once a district court determines that a
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habeas petition contains only unexhausted claims, it need not inquire further as to the
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petitioner’s intentions. Instead, it may simply dismiss the habeas petition for failure to
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exhaust.”), citing Jimenez v. Rice, 276 F.3d 478, 481 (9th Cir. 2001) (district court is
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“obliged to dismiss [an entirely unexhausted petition] immediately” once respondent
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moves for such dismissal).
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Here, Petitioner asserts five claims. He admits that he has submitted none of
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them to the California Supreme Court. Pet. ¶¶ 7(a)(3)-(4), (b)(3)-(4), (c)(3)-(4), (d)(3)-(4),
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(e)(3)-(4), 8 (“None of the grounds were raised in the state court.”). A Raspberry dismissal
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is in order.
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Accordingly, the Petition is DISMISSED WITHOUT PREJUDICE.
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DATED: January 21, 2013
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GARY A. FEESS
UNITED STATES DISTRICT JUDGE
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