Bidgoli v. Pelican Bay State Prison

Filing 2

ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 06/08/07. (rbe, COURT STAFF) (Filed on 6/8/2007) Additional attachment(s) added on 6/8/2007 (rbe, COURT STAFF).

Download PDF
Bidgoli v. Pelican Bay State Prison Doc. 2 Case 3:07-cv-02898-CRB Document 2 Filed 06/08/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a state prisoner incarcerated at Pelican Bay State Prison, seeks a writ of habeas corpus under 28 U.S.C. 2254 challenging a conviction from the Superior Court of the State of California in and for the County of Santa Clara. Prisoners in state custody who wish to challenge collaterally in federal habeas corpus proceedings either the fact or length of their confinement are first required to exhaust state judicial remedies, either on direct appeal or through collateral proceedings, by presenting the highest state court available with a fair opportunity to rule on the merits of each and every claim they seek to raise in federal court. See 28 U.S.C. 2254(b)-(c). Petitioner has not done so. He has not presented the Supreme Court of California with an opportunity to consider and rule on his claims. See O'Sullivan v. Boerckel, 526 U.S. 838, 845 (1999) (state's highest court must be given opportunity to rule on claims even if review is discretionary); Larche v. Simons, 53 F.3d 1068, 1071-72 (9th Cir. 1995) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA NEMA GHAEMI BIDGOLI, Petitioner, vs. PELICAN BAY STATE PRISON, Respondent. ) ) ) ) ) ) ) ) ) ) No. C 07-2898 CRB (PR) ORDER OF DISMISSAL Dockets.Justia.com Case 3:07-cv-02898-CRB Document 2 Filed 06/08/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Supreme Court of California must be given at least one opportunity to review state prisoners' federal claims). The petition for a writ of habeas corpus therefore is DISMISSED without prejudice to refiling after state judicial remedies are exhausted. The clerk terminate all pending motions as moot and close the file. SO ORDERED. DATED: 06/08/07 CHARLES R. BREYER United States District Judge 2

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?