United States District Court, N.D. California
June 8, 2004.
In re SAHOTA SUKHWINDER, Petitioner.
The opinion of the court was delivered by: VAUGHN WALKER, District Judge
ORDER OF DISMISSAL
Petitioner, a state prisoner incarcerated at California State
Prison, Solano, seeks a writ of habeas corpus under 28 U.S.C. § 2254
challenging a conviction from the Superior Court of the State of
California in and for the County of Santa Clara.
Prisoners in state custody who wish to challenge collaterally
in federal habeas corpus 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 court available with
a fair opportunity to rule on the merits of each and every claim
they seek to raise in federal court. See 28 U.S.C. § 2254(b)-(c).
Petitioner has not done so. He has not presented the Supreme
Court of California with an opportunity to consider and rule on
his claims. See O'Sullivan v. Boerckel, 526 U.S. 838, 845 (1999)
(state's highest court must be given opportunity to rule on claims even if
review is discretionary); Larche v. Simons, 53 F.3d 1068, 1071-72
(9th Cir 1995) (Supreme Court of California must be given at
least one opportunity to review state prisoners' federal claims).
The petition for a writ of habeas corpus therefore is DISMISSED
without prejudice to refiling after state judicial remedies are
The Clerk shall close the file and terminate all pending
motions as moot.
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