IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 13, 2011
EUGENE SCOTT SNYDER, PETITIONER,
STEVE MOORE, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Petitioner is a state prisoner. This petition for writ of habeas corpus was dismissed on October 6, 2011, because petitioner's criminal case was still pending. On November 28, 2011, petitioner filed a letter in which he states he was convicted on or about November 4, 2011, and will be sentenced on December 19, 2011. Now that petitioner has been found guilty, petitioner asks whether he can file his federal petition now, or whether he still has to exhaust all of his appeals.
The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). Petitioner is advised that he cannot seek federal habeas relief until his criminal conviction is final, and petitioner has presented his habeas petition to the highest state court, the California Supreme Court. However, petitioner should discuss his appeal options with his criminal defense lawyer, including whether petitioner should seek habeas relief in the state superior court and the Court of Appeal for the Third District of California, prior to raising his claims in the California Supreme Court.*fn1
This case is now closed. Subsequent documents filed by petitioner will be disregarded and no orders will issue in response to future filings.