Michael Hollins v. Jon DeMorales

Filing 13

ORDER TO SHOW CAUSE. Signed by Judge Phyllis J. Hamilton on 7/22/15. (CERTIFICATE OF SERVICE ATTACHED)(napS, COURT STAFF) (Filed on 7/22/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL HOLLINS,

Case No. 15-cv-03019-PJH

Petitioner,
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v.

ORDER FOR PETITIONER TO SHOW
CAUSE

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JON DEMORALES,
Respondent.

United States District Court
Northern District of California

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This is a habeas case brought pursuant to 28 U.S.C. § 2254. Petitioner was

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convicted in San Mateo County and is currently civilly committed at Atascadero State

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Hospital. Petitioner states that he was set to be released from criminal custody on March

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27, 2015, when he was instead transferred to Atascadero State Hospital without due

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process. However, before petitioner may challenge his commitment, he must exhaust

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state judicial remedies. See Cranberry v. Greer, 481 U.S. 129, 133-34 (1987); Nelson v.

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Sandritter, 351 F.2d 284, 285 (9th Cir. 1965). It does not appear that petitioner has

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exhausted his claims. He must show cause by August 14, 2015, why this case should

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not be dismissed without prejudice for being unexhausted.

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IT IS SO ORDERED.
Dated: July 22, 2015
________________________
PHYLLIS J. HAMILTON
United States District Judge

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\\CANDOAK\Data\Users\PJHALL\_psp\2015\2015_03019_Hollins_v_DeMorales_(PSP)\15-cv-03019-PJH-_osc-p.docx

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL HOLLINS,

Case No. 15-cv-03019-PJH

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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JON DEMORALES,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on July 22, 2015, 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
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.

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Michael Hollins ID: AT0653808
Atascadero State Hospital
P O Box 7001
Atascadero, CA 93423

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Dated: July 22, 2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Nichole Peric, Deputy Clerk to the
Honorable PHYLLIS J. HAMILTON
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