Cardenas
Filing
3
ORDER OF DISMISSAL; GRANTING MOTION for Leave to Proceed in forma pauperis.. Signed by Judge JEFFREY S. WHITE on 3/1/13. (jjoS, COURT STAFF) (Filed on 3/1/2013)
1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
For the Northern District of California
United States District Court
11
ORDER OF DISMISSAL;
GRANTING LEAVE TO
PROCEED IN FORMA PAUPERIS
Petitioner,
9
10
No. C 13-0253 JSW (PR)
DANNY CARDENAS, JR.,
v.
WARDEN,
(Docket No. 2)
Respondents.
12
/
13
14
Petitioner, a prisoner of the State of California proceeding pro se, has twice
15
previously had his federal habeas petitions dismissed for failure to exhaust his state court
16
remedies because he indicated that he had not sought review of his conviction in the
17
California Supreme Court. Petitioner has filed a third habeas petition, and once again has
18
indicated that his claims have not been presented to the California Supreme Court. (Pet.
19
at 3.)
20
As has been explained to Petitioner twice previously, this Court may not consider
21
his claims until he has properly exhausted his claims by presenting them to the California
22
Supreme Court. See 28 U.S.C. § 2254(b),(c); Granberry v. Greer, 481 U.S. 129, 133-34
23
(1987). He has not presented any exceptional circumstances to excuse his failure to
24
exhaust. See id. at 134. Accordingly, the petition is DISMISSED without prejudice to
25
filing a new federal petition if he does not obtain relief after properly presenting his
26
claims to the California Supreme Court.
27
28
Rule 11(a) of the Rules Governing Section 2254 Cases now requires a district
court to rule on whether a Petitioner is entitled to a certificate of appealability in the same
order in which the petition is decided. Petitioner has failed to make a substantial showing
1
that his claims amounted to a denial of his constitutional rights or demonstrate that a
2
reasonable jurist would find this Court's denial of his claim debatable or wrong. Slack v.
3
McDaniel, 529 U.S. 473, 484 (2000). Consequently, no certificate of appealability is
4
warranted in this case.
5
6
7
8
9
In light of Petitioner’s lack of funds, his application for leave to proceed in forma
pauperis is GRANTED (docket number 2).
IT IS SO ORDERED.
DATED: March 1, 2013
JEFFREY S. WHITE
United States District Judge
11
For the Northern District of California
United States District Court
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
1
UNITED STATES DISTRICT COURT
2
FOR THE
3
NORTHERN DISTRICT OF CALIFORNIA
4
5
DANNY CARDENAS JR,
Case Number: CV13-00253 JSW
6
Plaintiff,
CERTIFICATE OF SERVICE
7
v.
8
WARDEN,
9
Defendant.
/
11
For the Northern District of California
United States District Court
10
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on March 1, 2013, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
15
16
17 Danny Cardenas G-36254
M.C.S.P.
18 P.O. Box 409020
#G36254
19 Ione, CA 95640
20 Dated: March 1, 2013
21
22
23
24
25
26
27
28
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
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?