Chavez v. Billet

Summary

The United States District Court for the Eastern District of California recommends dismissing without prejudice a civil detainee’s habeas petition for failure to exhaust state judicial remedies. The court also directs the clerk to randomly assign the action to a district judge and advises the petitioner regarding objections to the recommendation.

Holdings

1. A petitioner seeking federal habeas relief while in state custody must provide the highest state court a full and fair opportunity to consider each claim before presenting it to federal court; because petitioner appeared not to have sought relief in the California Supreme Court, the petition was unexhausted.
2. The court may dismiss a habeas petition at preliminary review when it plainly appears from the petition and attached exhibits that the petitioner is not entitled to relief; the petition was therefore properly recommended for dismissal without prejudice for failure to exhaust.

Questions Presented

1. Whether the federal habeas petition should be dismissed without prejudice because petitioner failed to exhaust available state judicial remedies.
2. Whether the court could dismiss the petition at the preliminary-review stage under Rule 4 of the Rules Governing Section 2254 Cases.

Disposition

dismissed