(HC) Sifuentez v. Unknown

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA RANDY SIFUENTEZ, Case No. 2:21-cv-01244-WBS-JDP (HC) 12 Petitioner, ORDER: 13 v. (1) GRANTING PETITIONER’S APPLICATION TO PROCEED IN FORMA UNKNOWN, PAUPERIS; 15 Respondent. (2) DENYING AS MOOT HIS REQUEST FOR EXTENSION OF TIME; AND (3) FINDING THAT THE PETITION DOES 17 NOT STATE A COGNIZABLE CLAIM AND GRANTING LEAVE TO AMEND WITHIN 18 SIXTY DAYS 19 ECF Nos. 4, 8, & 10 21 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. I have reviewed the petition, and it appears that petitioner did not exhaust his claims before filing this case. I will give petitioner a chance to amend and confirm the status of his claims before recommending that this action be dismissed.

25 The amended petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it “plainly appears” that | the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. | 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998).

3 Petitioner raises numerous claims related to a September 2015 conviction. He states that, | after bringing his claims before the California Fifth District Court of Appeal, he did not pursue | them further in state court. ECF No. 10 at 3. Federal habeas claims must be exhausted by being | presented to the highest state court. Castille v. Peoples, 489 U.S. 346, 351 (1989). Here, | petitioner was required to put claims before the California Supreme Court. If petitioner’s claims | are unexhausted, they may not proceed. He may file an amended petition that reasserts all his | claims and confirms their status with regard to exhaustion.

10 It is ORDERED that: 11 1. Petitioner’s application to proceed in forma pauperis, ECF No. 4, is granted.

12 2. Petitioner’s motion for extension of time to file a habeas petition, ECF No. 8, is |} denied as moot.

14 3. Petitioner may file an amended petition within sixty days of this order’s entry. If | he does not, I will recommend that the current petition be dismissed for the reasons stated in this | order.

17 4. The Clerk of Court is directed to send petitioner a federal habeas form.

19 IT IS SO ORDERED.

20 ( 1 Oy — Dated: _ September 8, 2021 21 JEREMY D. PETERSON 9 UNITED STATES MAGISTRATE JUDGE