(HC) Lane v. Superior Court, County of Sacramento, CA
Filing
12
ORDER signed by Magistrate Judge Deborah Barnes on 6/4/2021 ORDERING, within 30 days, petitioner must inform the court whether he has presented any federal constitutional claims regarding his civil commitment to the California Supreme Court. If pos sible, petitioner should provide the court with a copy of the petition filed in the California Supreme Court along with a copy of any ruling made by the California Supreme Court. Failure to comply with this order will result in a recommendation that this action be dismissed. (Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DEMORRIS LANE,
12
Petitioner,
13
14
15
No. 2:19-cv-02320 TLN DB P
v.
ORDER
SUPERIOR COURT, COUNTY OF
SACRAMENTO, CA,
Respondent.
16
Petitioner, proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28
17
18
U.S.C. § 2254. At the time petitioner filed this petition, petitioner was a civilly committed
19
pretrial detainee housed in county jail. (ECF No. 8 at 3-4.) Petitioner seeks to challenge his 2019
20
civil commitment. Presently before the court is petitioner’s first amended petition for screening.
21
(ECF No. 8.)
EXHAUSTION REQUIREMENT
22
23
24
I.
Legal Standards
Rule 4 of the Rules Governing § 2254 Cases requires the court to make a preliminary
25
review of each petition for writ of habeas corpus. The court must dismiss a petition "[i]f it plainly
26
appears from the petition . . . that the petitioner is not entitled to relief." Rule 4, Rules Governing
27
§ 2254 Cases; Hendricks v. Vasquez, 908 F.2d 490 (9th Cir. 1990). Otherwise, the Court will
28
order respondent to respond to the petition. Rule 5, Rules Governing § 2254 Cases.
1
1
A petitioner who is in state custody and wishes to challenge his conviction by a petition
2
for writ of habeas corpus must have exhausted state judicial remedies. 28 U.S.C. § 2254(b)(1).
3
The exhaustion doctrine is based on comity to the state court and gives the state court the initial
4
opportunity to correct the state’s alleged constitutional deprivations. Coleman v. Thompson, 501
5
U.S. 722, 731 (1991); Rose v. Lundy, 455 U.S. 509, 518 (1982); Buffalo v. Sunn, 854 F.2d 1158,
6
1163 (9th Cir. 1988).
7
A petitioner can satisfy the exhaustion requirement by providing the highest state court
8
with a full and fair opportunity to consider each claim before presenting it to the federal court.
9
Duncan v. Henry, 513 U.S. 364, 365 (1995); Picard v. Connor, 404 U.S. 270, 276 (1971);
10
Johnson v. Zenon, 88 F.3d 828, 829 (9th Cir. 1996). A federal court will find that the highest
11
state court was given a full and fair opportunity to hear a claim if the petitioner has presented the
12
highest state court with the claim’s factual and legal bases. Duncan, 513 U.S. at 365 (legal basis);
13
Keeney v. Tamayo-Reyes, 504 U.S. 1, 9 (1992) (factual basis).
14
II.
Petitioner’s First Amended Petition
15
Upon review of the petitioner’s first amended petition for writ of habeas corpus (ECF No.
16
8) and available court records1, it appears that petitioner has not presented his claim regarding his
17
civil commitment to the highest state court, the California Supreme Court. If he has not presented
18
these claims to the California Supreme Court, the petition must be dismissed without prejudice to
19
its renewal after petitioner has exhausted his claims. If petitioner has presented his claim
20
regarding his civil commitment to the California Supreme Court, petitioner must inform this court
21
that he has exhausted his state court remedies. Without knowing what claims, if any, have been
22
presented to the California Supreme Court, the court is unable to proceed to the merits of the
23
petition. See 28 U.S.C. § 2254(b)(1).
24
////
25
////
26
////
27
28
1
Publicly available case records from the California Supreme Court, can be located at
https://appellatecases.courtinfo.ca.gov/search.cfm?dist=0.
2
1
CONCLUSION
2
Accordingly, IT IS HEREBY ORDERED as follows:
3
1. Within thirty (30) days of the date of this order, petitioner must inform the court
4
whether he has presented any federal constitutional claims regarding his civil
5
commitment to the California Supreme Court. If possible, petitioner should provide
6
the court with a copy of the petition filed in the California Supreme Court along with a
7
copy of any ruling made by the California Supreme Court.
8
2. Plaintiff is warned that failure to comply with this order will result in a
9
10
recommendation that this action be dismissed.
Dated: June 4, 2021
11
12
13
14
15
16
17
18
19
DB:14
20
DB:1/Prisoner/Habeas/S/lane2320.osc
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?