Bedi v. Hartley
Filing
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ORDER of Dismissal. Signed by Judge Edward M. Chen on 3/27/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 3/27/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TAJINDER S. BEDI,
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Petitioner,
v.
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For the Northern District of California
United States District Court
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No. C-13-0472 EMC (pr)
JAMES HARTLEY, Warden,
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ORDER OF DISMISSAL
Respondent.
___________________________________/
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Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 to
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challenge his conviction in the Contra Costa county Superior Court for committing lewd acts on
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children, see Cal. Penal Code § 288. His conviction was affirmed by the California Court of Appeal
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on July 19, 2012, and his petition for review was denied by the California Supreme Court on
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September 26, 2012 in People v. Bedi, Cal. S. Ct. No. S204827.
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Petitioner's federal petition for writ of habeas corpus is now before the Court for review
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pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. This Court
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may entertain a petition for writ of habeas corpus "in behalf of a person in custody pursuant to the
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judgment of a State court only on the ground that he is in custody in violation of the Constitution or
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laws or treaties of the United States." 28 U.S.C. § 2254(a). A district court considering an
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application for a writ of habeas corpus shall "award the writ or issue an order directing the
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respondent to show cause why the writ should not be granted, unless it appears from the application
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that the applicant or person detained is not entitled thereto." 28 U.S.C. § 2243.
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The exhaustion rule requires that a prisoner in state custody who wishes to challenge
collaterally in federal habeas proceedings either the fact or length of his confinement must first
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exhaust state judicial remedies, either on direct appeal or through collateral proceedings, by
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presenting the highest state court available with a fair opportunity to rule on the merits of each and
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every claim he seeks to raise in federal court. See 28 U.S.C. § 2254(b),(c); Rose v. Lundy, 455 U.S.
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509, 515-16 (1982). The exhaustion-of-state-remedies doctrine reflects a policy of federal-state
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comity to give the state "'an initial "opportunity to pass upon and correct" alleged violations of its
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prisoners' federal rights.'" Picard v. Connor, 404 U.S. 270, 275 (1971) (citations omitted).
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Although the exhaustion requirement is not jurisdictional and instead is a matter of comity, see
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Granberry v. Greer, 481 U.S. 129, 133-34 (1987), a district court generally may not grant relief on
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an unexhausted claim, see 28 U.S.C. § 2254(b)(1).
Petitioner reports that he did not file any state habeas petitions, and that the claims he wants
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For the Northern District of California
United States District Court
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to present here were not presented on his direct appeal. See Petition, pp. 4, 6. He never fairly
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presented to the California Supreme Court any of the claims that are in his federal petition and
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therefore has not exhausted any of his claims. The Court cannot stay an action where the petition is
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fully unexhausted. See Rose v. Lundy, 455 U.S. at 510. Instead, a fully unexhausted petition must
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be dismissed. See Jiminez v. Rice, 276 F.3d 478, 481 (9th Cir. 2001); see also Creamer v. Ryan, 411
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F. App'x 985 (9th Cir. 2011).
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This action is dismissed. This dismissal is without prejudice to Petitioner filing a new
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petition after he exhausts state court remedies as to each claim contained in his new petition.
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Because this action is being dismissed today, Petitioner cannot file an amended petition in this
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action. Instead, he must file a new petition and a new case number will be assigned it when he
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returns after exhausting his state court remedies. Petitioner is urged to act swiftly to present his
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claims in state court and then promptly return to this Court to file any new action to avoid being
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barred by the one-year statute of limitations for federal habeas actions in 28 U.S.C. § 2244(d).
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The Clerk shall enter judgment and close the file.
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IT IS SO ORDERED.
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Dated: March 27, 2013
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_________________________
EDWARD M. CHEN
United States District Judge
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