Morris v. Sierra County Clerks Office and Megans Law List

Summary

The court recommends dismissal without prejudice of Bruce Wayne Morris’s 28 U.S.C. § 2254 petition because his claims remain pending in state court and are therefore unexhausted. The court explains that exhaustion requires presentation of the claims to the California Supreme Court and a decision there. The magistrate judge also orders assignment of a district judge and advises the parties regarding objections.

Holdings

1. A section 2254 petition should be dismissed without prejudice when the petitioner acknowledges that the claims remain pending in state court and therefore have not been fully exhausted.

Questions Presented

1. Whether the section 2254 petition should be dismissed at preliminary review because petitioner had not exhausted his state-court remedies.

Disposition

other