Everett v. McDonald
Filing
5
ORDER DISMISSING CASE; DIRECTING CLERK TO REFILE PETITION IN CASE NO. C 10-4323 CW (PR). Signed by Judge Claudia Wilken on 4/17/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 4/17/2012)
1
IN THE UNITED STATES DISTRICT COURT
2
FOR THE NORTHERN DISTRICT OF CALIFORNIA
3
JAMAL T. EVERETT,
4
5
6
Petitioner,
v.
ORDER DISMISSING CASE;
DIRECTING CLERK TO
REFILE PETITION IN
CASE NO. C 10-4323 CW (PR)
M. D. McDONALD, Warden,
7
8
No. C 12-1410 CW (PR)
Respondent.
_____________________________/
9
United States District Court
For the Northern District of California
10
The Clerk of the Court erroneously opened this case when
11
Petitioner filed a document entitled, "Petition for Writ of Habeas
12
Corpus," which is related to his other pending action, Everett v.
13
McDonald, No. C 10-4323 CW (PR).
14
pending action is a habeas action that has been stayed pending
15
Petitioner's exhaustion of state remedies.
16
directed in that action to keep the Court apprised of the status of
17
his exhaustion efforts in state court.
18
present case is a copy of a petition that Petitioner intended to
19
file in the California Supreme Court; Petitioner explains in a
20
letter attached to the petition that he is sending the petition to
21
this Court to show that he is in the process of exhausting state
22
remedies.1
Specifically, Petitioner's other
Petitioner has been
The petition filed in the
23
24
25
26
27
28
1
In his letter, filed March 20, 2012, Petitioner inquires
whether the California Supreme Court is the last court in which he
is required to file his habeas petition to exhaust his previously
unexhausted claims. The Court cannot provide Petitioner with legal
advice. The Court notes, however, that prisoners in state custody
who wish to challenge collaterally in federal habeas 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
1
Accordingly, the Court directs the Clerk to refile all of the
2
documents currently filed in Case No. C 12-1410 CW (PR) in Case No.
3
C 10-4323 CW (PR).
4
no. 1) and attached correspondence and exhibits (docket no. 2)
5
should be filed as a "Status Report."
6
7
8
9
The Petition for Writ of Habeas Corpus (docket
This case is DISMISSED because it was opened in error.
No
filing fee is due.
The Clerk shall close the file.
IT IS SO ORDERED.
United States District Court
For the Northern District of California
10
11
Dated:
4/17/2012
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
court available with a fair opportunity to rule on the merits of
each and every claim they seek to raise in federal court. 28
U.S.C. ยง 2254(b), (c); Rose v. Lundy, 455 U.S. 509, 515 (1982).
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?