Michael Hollins v. Jon Demorales

Northern District of California, cand-4:2015-cv-03019

ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 9/24/15. (CERTIFICATE OF SERVICE ATTACHED)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL HOLLINS, 7 Case No. 15-cv-03019-PJH Petitioner, 8 v. ORDER DISMISSING CASE 9 JON DEMORALES, 10 Respondent. 11 12 Northern District of California United States District Court 13 This is a habeas case brought pursuant to 28 U.S.C. § 2254. Petitioner was 14 convicted in San Mateo County and is currently civilly committed at Atascadero State 15 Hospital. Petitioner stated that he was set to be released from criminal custody on March 16 27, 2015, when he was instead transferred to Atascadero State Hospital without due 17 process. However, before petitioner may challenge his commitment, he must exhaust 18 state judicial remedies. See Cranberry v. Greer, 481 U.S. 129, 133-34 (1987); Nelson v. 19 Sandritter, 351 F.2d 284, 285 (9th Cir. 1965). It does not appear that petitioner has 20 exhausted his claims. 21 Petitioner was ordered to show cause why this case should not be dismissed for 22 being unexhausted. The time to respond to the court's order has passed and petitioner 23 has not filed a response or otherwise communicated with the court. The case is 24 DISMISSED without prejudice but petitioner may file a new case once the claim has been 25 properly exhausted. Because reasonable jurists would not find the result here debatable, 26 a certificate of appealability ("COA") is DENIED. See Slack v. McDaniel, 529 U.S. 473, 27 484-85 (2000) (standard for COA). 28 1 IT IS SO ORDERED. 2 Dated: September 24, 2015 3 4 ________________________ PHYLLIS J. HAMILTON 5 United States District Judge 6 7 \\CANDOAK\Data\Users\PJHALL\_psp\2015\2015_03019_Hollins_v_DeMorales_(PSP)\15-cv-03019-PJH-_dis_fta.docx 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 MICHAEL HOLLINS, 5 Case No. 15-cv-03019-PJH Plaintiff, 6 v. CERTIFICATE OF SERVICE 7 JON DEMORALES, 8 Defendant. 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 11 District Court, Northern District of California. 12 Northern District of California That on September 24, 2015, I SERVED a true and correct copy(ies) of the attached, by United States District Court 13 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 15 receptacle located in the Clerk's office. 16 17 Michael Hollins ID: AT0653808 Atascadero State Hospital 18 P O Box 7001 Atascadero, CA 93423 19 20 Dated: September 24, 2015 21 22 Susan Y. Soong Clerk, United States District Court 23 24 By:________________________ Nichole Peric, Deputy Clerk to the 25 Honorable PHYLLIS J. HAMILTON 26 27 28 3