Quant v. Gonzalez

Filing 2

ORDER TO SHOW CAUSE RE DISMISSAL. Show Cause Response due by 5/24/2010. Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss this action pursuant to Fed. R. Civ. P. 41(b). Please see Order for further specifics. Signed by Judge James Ware on 5/3/2010. (ecg, COURT STAFF) (Filed on 5/4/2010)

1 2 3 4 5 6 7 8 9 10 Pedro Quant, v. Petitioner, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 10-01262 JW ORDER TO SHOW CAUSE RE: DISMISSAL

United States District Court

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For the Northern District of California

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Fernando Gonzalez, Respondent. /

Petitioner, represented by counsel, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in Santa Clara County Superior Court for robbery with a firearm. (hereafter, "Petition," Docket Item No. 1.) Upon review of the form Petition, the Court finds that Petitioner fails to allege that he has exhausted the remedies available in state court.1 In his Petition, Petitioner admits to not appealing his conviction. (Petition at 3.) Further, the Petition fails to set forth facts to support Petitioner's claim of ineffective assistance of counsel. The Court hereby orders Petitioner to file on or before May 24, 2010, a Response to this Order to Show Cause re: Dismissal, and state why this Petition should not be dismissed for failure to sufficiently allege exhaustion of state remedies, and failure to state a claim upon which relief can be granted.

The exhaustion of available state remedies is a prerequisite to a federal court's consideration of claims presented in a habeas corpus proceeding. 28 U.S.C. § 2254. Exhaustion requires that a petitioner's claims be presented fairly to provide the state courts with an opportunity to rule on the merits of the claims. McQuown v. McCarthy, 795 F.2d 807, 809 (9th Cir. 1986).

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Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss this action pursuant to Fed. R. Civ. P. 41(b).

Dated: May 3, 2010

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Arturo Hernandez-Melendez [e-mail]

Dated: May 3, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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