Givens v. Price

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/29/2016 GRANTING petitioner leave to proceed IFP; petitioner's petition for writ of habeas corpus is SUMMARILY DISMISSED for failure to exhaust state court remedies; and the court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANCOIS P. GIVENS,

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No. 2:15-cv-2637 CKD P

Petitioner,

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v.

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JAMES PRICE,

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ORDER

Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254 together with a request to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. Petitioner has consented to have all matters in this action before a

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United States Magistrate Judge. See 28 U.S.C. § 636(c).

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Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford

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the costs of suit. Accordingly, the request for leave to proceed in forma pauperis is granted. See

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28 U.S.C. § 1915(a).

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Under Rule 4 of the Rules Governing Section 2254 Cases, the court must review all

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petitions for writ of habeas corpus and summarily dismiss any petition if it is plain that the

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petitioner is not entitled to relief. The exhaustion of state court remedies is a prerequisite to the

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granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). In his petition,

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petitioner indicates direct appeal with respect to his conviction is not yet final. Therefore, he has
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not exhausted state court remedies with respect to any claim. Accordingly, this matter must be

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dismissed.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Petitioner is granted leave to proceed in forma pauperis;

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2. Petitioner’s petition for writ of habeas corpus is summarily dismissed for failure to

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exhaust state court remedies;

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3. This case is closed; and

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4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §

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2253.
Dated: February 29, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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