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Ruiz v. Beard

United States District Court, C.D. California

November 17, 2014

Randal Ruiz
v.
Jeffrey Beard

Randal Ruiz, Petitioner, Pro se, Coalinga, CA.

CIVIL MINUTES - GENERAL

The Honorable Carla Woehrle, United States Magistrate Judge.

Proceedings: (In Chambers)

On November 10, 2014, Petitioner filed a Petition for Writ of Habeas Corpus by a Person in State Custody, in which he appears to allege five claims (although Grounds One and Three appear to pertain to procedural, rather substantive, claims). [Docket no. 1.] It further appears from the Petition that all of the claims alleged therein are currently pending before the California Supreme Court, and thus that the Petition accordingly is wholly unexhausted. [Petition at 7-8.][1]

On or before December 19, 2014, Petitioner shall file a response and show cause why the Petition should not be dismissed, without prejudice, for failure to exhaust state court remedies. See Coleman v. Thompson, 501 U.S. 722, 731, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991)(" This Court has long held that a state prisoner's federal habeas petition should be dismissed if the prisoner has not exhausted state remedies as to any of his federal claims."); see also Rasberry v. Garcia, 448 F.3d 1150, 1154 (9th Cir. 2006)(" Once a district court determines that a habeas petition contains only unexhausted claims, it need not inquire further . . . [and] may simply dismiss the habeas petition for failure to exhaust."). The court will thereafter issue further orders as appropriate.

IT IS SO ORDERED.


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