Price v. San Francisco Court ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARCUS A. PRICE, Case No. 22-cv-03577-JSC 8 Plaintiff, ORDER OF DISMISSAL v. 9 10 SAN FRANCISCO COURT, Defendant. 11 12 Petitioner, a California state inmate, has filed a petition for writ of habeas corpus pursuant 13 to 28 U.S.C. § 2254. 14 An application for a federal writ of habeas corpus filed by a prisoner who is in state 15 custody pursuant to a judgment of a state court may not be granted unless the prisoner has first 16 exhausted state judicial remedies, either by way of a direct appeal or in collateral proceedings, by 17 presenting the highest state court available with a fair opportunity to rule on the merits of each and 18 every issue he or she seeks to raise in federal court. See 28 U.S.C. §§ 2254(b),(c); Granberry v. 19 Greer, 481 U.S. 129, 133-34 (1987). The petition states that Petitioner did not file an appeal from 20 his conviction or sentence, nor has he sought review in the California Supreme Court. (ECF No. 1 21 at 5.) Petitioner also states that the only petition, application, or motion he has filed is in the Napa 22 County Superior Court, and that appears to concern his medication in prison, not his conviction or 23 sentence. (Id. at 6.) Finally, Petitioner states that he has pursued administrative remedies (id.), 24 but he need not to do so to exhaust claims for federal habeas relief, which only requires exhaustion 25 of available state “court” remedies, see 28 U.S.C. §§ 2254(b)(1)(a),(b)(2). It is therefore clear 26 from the face of the petition that Petitioner has not exhausted his state court remedies; nor has he 27 presented any exceptional circumstances to excuse his doing so. 1 The petition is therefore DISMISSED without prejudice to refiling after available state 2 judicial remedies are exhausted. Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir. 1995) 3 (a dismissal solely for failure to exhaust is not a bar to returning to federal court after exhausting 4 available remedies in the state courts). 5 The clerk shall enter judgment and close the file. 6 IT IS SO ORDERED. 7 Dated: July 20, 2022 8 9 ne JAGQUELINE SCOTT CORL 10 United States District Judge 11 12 15 16 17 Z 18 19 20 21 22 23 24 25 26 27 28