Michael Hollins v. Jon DeMorales
Filing
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ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 9/24/15. (CERTIFICATE OF SERVICE ATTACHED)(napS, COURT STAFF) (Filed on 9/24/2015)
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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 DISMISSING CASE
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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 stated 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.
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Petitioner was ordered to show cause why this case should not be dismissed for
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being unexhausted. The time to respond to the court’s order has passed and petitioner
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has not filed a response or otherwise communicated with the court. The case is
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DISMISSED without prejudice but petitioner may file a new case once the claim has been
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properly exhausted. Because reasonable jurists would not find the result here debatable,
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a certificate of appealability (“COA”) is DENIED. See Slack v. McDaniel, 529 U.S. 473,
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484-85 (2000) (standard for COA).
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IT IS SO ORDERED.
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Dated: September 24, 2015
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________________________
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-_dis_fta.docx
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United States District Court
Northern District of California
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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.
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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 September 24, 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: September 24, 2015
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Susan Y. Soong
Clerk, United States District Court
By:________________________
Nichole Peric, Deputy Clerk to the
Honorable PHYLLIS J. HAMILTON
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