Thomas Walker v. J. Gestillo

Filing 4

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE: EXHAUSTION by Magistrate Judge Steve Kim. Petitioner is ORDERED TO SHOW CAUSE on or before December 21, 2017, why the petition should not be dismissed for failure to exhaust state remedies. Alternati vely, Petitioner may voluntarily dismiss this action in order to exhaust his state remedies and file a new petition in federal court, if necessary, after the requisite exhaustion. Petitioner is advised that failure to file a timely response to this Order to Show Cause may result in dismissal of this action for failure to prosecute. (Attachments: # 1 Voluntary Dismissal Form) (mkr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:17-cv-08418-DSF (SK)

Title

Thomas Walker v. J. Gestillo

Present: The Honorable

Date

November 21, 2017

Steve Kim, United States Magistrate Judge

Marc Krause

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

None present

None present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: EXHAUSTION

Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254, challenging
his convictions for first-degree burglary and related crimes. (Pet., ECF No. 1). It is clear from
the face of the Petition that Petitioner has not exhausted his remedies in state court for each
claim raised. (Pet. at 7). A federal court may not grant habeas relief to a person held in state
custody, unless he has exhausted available state court remedies by fairly presenting his federal
claims to the California Supreme Court. See 28 U.S.C. § 2254(b)(1)(A); Baldwin v. Reese, 541
U.S. 27, 29 (2004); Rose v. Lundy, 455 U.S. 509, 518–22 (1982).
Therefore, Petitioner is ORDERED TO SHOW CAUSE on or before December 21,
2017, why the petition should not be dismissed for failure to exhaust state remedies.
Alternatively, Petitioner may voluntarily dismiss this action in order to exhaust his state
remedies and file a new petition in federal court, if necessary, after the requisite exhaustion.
See Slack v. McDaniel, 529 U.S. 473, 486 (2000). The Clerk is directed to provide Petitioner
with a Notice of Dismissal Form (CV-009).
Petitioner is advised that failure to file a timely response to this Order to
Show Cause may result in dismissal of this action for failure to prosecute. See
Fed. R. Civ. P 41(b); L.R. 41-1.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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