Hodges v. Madden

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/7/17 ORDERING that Respondent's 16 motion to dismiss is GRANTED. The petition for writ of habeas corpus is DISMISSED for failure to exhaust state remedies. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC C. HODGES,

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Petitioner,

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No. 2:16-cv-2402 CKD P

v.

ORDER

RAYMOND MADDEN,

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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. (ECF No. 1.) Before the court is respondent’s unopposed

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motion to dismiss this action for failure to exhaust administrative remedies. (ECF No. 16.) The

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parties have consented to Magistrate Judge jurisdiction to conduct all proceedings in this action.

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(ECF Nos. 10 & 12.)
The exhaustion of available state remedies is a prerequisite to a federal court’s

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consideration of claims sought to be presented in habeas corpus proceedings. See Rose v. Lundy,

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455 U.S. 509 (1982); 28 U.S.C. § 2254(b). A petitioner can satisfy the exhaustion requirement by

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providing the highest state court with a full and fair opportunity to consider all claims before

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presenting them to the federal court. Picard v. Connor, 404 U.S. 270, 276 (1971), Middleton v.

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Cupp, 768 F.2d 1083, 1086 (9th Cir. 1985), cert. denied, 478 U.S. 1021 (1986).

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After reviewing the record in this action, the court finds that petitioner has failed to

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exhaust state court remedies. (See Resp’s Lod. Doc. 13.) Petitioner’s federal claims have not

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been presented to the California Supreme Court.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Respondent’s motion to dismiss (ECF No. 16) is granted; and

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2. The petition for writ of habeas corpus is dismissed for failure to exhaust state remedies.

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Dated: March 7, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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