Smith v. Unknown

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 8/13/2014 DENYING petitioner's 9 motion for an extension of time; and within 21 days, petitioner shall SHOW CAUSE why this action should not be dismissed on the grounds discussed in this order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DeANDRE R. SMITH,

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No. 2:14-cv-0944 KJN P

Petitioner,
v.

ORDER

UNKNOWN,
Respondent.

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Petitioner has filed his third request for an extension of time to file a petition for writ of

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habeas corpus pursuant to the court's order of April 25, 2014. In this motion, petitioner states that

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he is in the process of filing habeas corpus petitions in the Sacramento County Superior Court and

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the California Supreme Court. Petitioner states that he wants to make sure his remedies are

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exhausted at the state level before he files a federal habeas corpus petition.

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In his letter filed April 17, 2014, petitioner states that he is challenging a conviction for

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which he was sentenced to four years and four months on January 21, 2014. If petitioner is in the

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process of exhausting his state court remedies, a federal habeas corpus petition is premature. The

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one year statute of limitations has not run. See 28 U.S.C. § 2244(d). For these reasons,

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petitioner’s motion for an extension of time is denied. Petitioner is ordered to show cause within

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twenty-one days from the date of this order why this action should not be dismissed for the

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reasons discussed above.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for an extension of time (ECF No. 9) is denied; and

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2. Within twenty-one days from the date of this order, petitioner shall show cause why

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this action should not be dismissed on the grounds discussed above; failure to respond to this

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order will result in a recommendation of dismissal of this action.

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Dated: August 13, 2014

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