Fentanes v. Superior Court of the State of California Contra Costa County

Filing 9

ORDER DISMISSING WITHOUT PREJUDICE FOR FAILURE TO EXHAUST, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 12/17/08. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 12/17/2008)

1 2 3 4 5 6 7 8 9 10 vs. SUPERIOR COURT OF THE STATE OF CALIFORNIA, CONTRA COSTA COUNTY, Respondent. / FRANCISCO J. FENTANES, Petitioner, No. C 08-4681 PJH (PR) ORDER DISMISSING WITHOUT PREJUDICE FOR FAILURE TO EXHAUST UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

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For the Northern District of California

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This is a habeas case filed pro se by a state prisoner. In the initial review order the court noted that plaintiff appeared not to have exhausted, and ordered him to show cause why the case should not be dismissed for failure to exhaust. He has responded. In his response petitioner argues the merits of his claim and speculates about what happened to his pro se attempt to appeal, but provides no explanation for his failure to exhaust his claims by way of state habeas petitions, a route for exhausting them that was pointed out to him in the court's initial order. He therefore has failed to show cause for not exhausting. The case is DISMISSED without prejudice to filing a new federal habeas case if petitioner first exhausts in state court. IT IS SO ORDERED. Dated: December 17, 2008. PHYLLIS J. HAMILTON United States District Judge

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