Nicholas Patrick v. J. Lizarraga

Filing 3

ORDER TO SHOW CAUSE RE: DISMISSAL OF HABEAS PETITION AS UNEXHAUSTED AND/OR UNVERIFIED by Magistrate Judge Paul L. Abrams. Nicholas Patrick ("petitioner") initiated this action on June 13, 2017, by filing a Petition for Writ of Habeas C orpus 1 by a Person in State Custody pursuant to 28 U.S.C. § 2254 ("2017 Petition" or "2017 Pet."). Accordingly, no later than July 14, 2017, petitioner is ordered to show cause why the 2017 Petition should not be dism issed as fully unexhausted and/or as unverified. (SEE ORDER FOR FURTHER INFORMATION) (Attachments: # 1 blank-notice of dismissal form, # 2 Declaration in Support of Request to Proceed In Forma Pauperis, # 3 Blank copies of pages 7 & 8- CV-69) (gr)

(3) Did you raise this claim in a Petition for Review to the California Supreme Court?

Yes

No

(4) Did you raise this claim in a habeas petition to the California Supreme Court?

Yes

No

9. If any of the grounds listed in paragraph 7 were not previously presented to the California Supreme Court, state
briefly which grounds were not presented, and give your reasons:

10. Have you previously filed any habeas petitions in any federal court with respect to this judgment of conviction?
Yes

No

If so, give the following information for each such petition

(use additional pages if necessary, and attach copies of the petitions and

the rulings on the petitions if available):

a. (1) Name of court:
(2) Case number:
(3) Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
(4) Grounds raised (list each):
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
(6) Result
(7) Was an evidentiary hearing held?

Yes

No

b. (1) Name of court:
(2) Case number:
(3) Date filed

(or if mailed, the date the petition was turned over to the prison authorities for mailing):

(4) Grounds raised (list each):
(a)
(b)
(c)
(d)
(e)
(f)
(5) Date of decision:
CV-69 (05/12)

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.C § 2254)

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(6) Result

(7) Was an evidentiary hearing held?

Yes

No

11. Do you have any petitions now pending (i.e., filed but not yet decided) in any state or federal court with respect to
this judgment of conviction?

Yes

No

If so, give the following information (and attach a copy of the petition if available):
(1) Name of court:
(2) Case number:
(3) Date filed (or if mailed, the date the petition was turned over to the prison authorities for mailing):
(4) Grounds raised (list each):
(a)
(b)
(c)
(d)
(e)
(f)
12. Are you presently represented by counsel?

Yes

No

If so, provide name, address and telephone number:

WHEREFORE, petitioner prays that the Court grant petitioner relief to which he may be entitled in this proceeding,

Signature of Attorney (if any)

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.

Executed on
Date

CV-69 (05/12)

Signature of Petitioner

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.C § 2254)

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