IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 10, 2012
LAMONT A. HOUZE, II, PETITIONER,
STATE OF CALIFORNIA, RESPONDENT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Petitioner is a former state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was found guilty by a jury of felony stalking and was sentenced to two years in prison, and has since been released.
Petitioner originally filed a habeas petition challenging this conviction in case, S-10-1479 GEB GGH P.*fn1 In that case the petition was dismissed without prejudice as petitioner had failed to exhaust state court remedies. In S-11-1549 GEB GGH, petitioner refiled the petition, but on February 15, 2012, the case was again dismissed without prejudice as a mixed petition, as petitioner had failed to fully exhaust three of the four claims and did not request a stay. Petitioner filed two more actions regarding this case in S-12-0173 KJM KJN P and S-12- 0251 LKK DAD P.
Petitioner filed the instant petition on March 19, 2012, and the case
was transferred to the undersigned on April 9, 2012. The petition
contains the same exhausted and unexhausted claims that were dismissed
without prejudice on February 15, 2012, and an additional claim.
Petitioner states he believes he has exhausted the claims (Doc. 6),
however, that would require a petition having been filed and denied by
the California Supreme Court in the last thirty days and petitioner
has not presented any exhibits to support this assertion.*fn2
Therefore, within seven (7) days petitioner shall provide
documentation demonstrating exhaustion of the claims in the instant
Accordingly, IT IS HEREBY ORDERED that within seven (7) days petitioner shall provide documentation demonstrating exhaustion of the claims in the instant petition.