Hill v. Sisto Doc.

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Case 3:07-cv-05315-CRB Document 4 Filed 10/23/2007 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RONALD W. HILL, JR., )
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Petitioner, ) No. C 07-5315 CRB (PR)
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vs. ) ORDER OF DISMISSAL
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D. K. SISTO, Warden, ) (Doc # 2)
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Respondent. )
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16 Petitioner, a state prisoner incarcerated at California State Prison, Solano,
17 seeks a writ of habeas corpus under 28 U.S.C. § 2254. He also seeks to proceed
18 in forma pauperis under 28 USC § 1915. Good cause appearing, petitioner's
19 request to proceed in forma pauperis (doc # 2) is GRANTED. The petition must
20 be dismissed without prejudice, however.
21 Prisoners in state custody who wish to challenge collaterally in federal
22 habeas corpus proceedings either the fact or length of their confinement are first
23 required to exhaust state judicial remedies, either on direct appeal or through
24 collateral proceedings, by presenting the highest state court available with a fair
25 opportunity to rule on the merits of each and every claim they seek to raise in
26 federal court. See 28 U.S.C. § 2254(b)-(c). Petitioner has not done so. He has
27 not presented the Supreme Court of California with an opportunity to consider
28 and rule on his claims. See O’Sullivan v. Boerckel, 526 U.S. 838, 845 (1999)

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 Case 3:07-cv-05315-CRB Document 4 Filed 10/23/2007 Page 2 of 2

1 (state’s highest court must be given opportunity to rule on claims even if review
2 is discretionary); Larche v. Simons, 53 F.3d 1068, 1071-72 (9th Cir. 1995)
3 (Supreme Court of California must be given at least one opportunity to review
4 state prisoners' federal claims). The claims are still pending before the state high
5 court in two separate petitions for a writ of habeas corpus. See In re Hill, No.
6 S153840 (Cal. filed June 26, 2007); In re Hill, No. S155300 (Cal. filed Aug. 10,
7 2007).
8 The petition for a writ of habeas corpus therefore is DISMISSED without
9 prejudice to refiling after state judicial remedies are exhausted.
10 The clerk terminate all pending motions as moot and close the file.
11 SO ORDERED.
12 DATED: Oct. 23, 2007
CHARLES R. BREYER
13 United States District Judge
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