Michael Hollins v. Jon Demorales

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

ORDER TO SHOW CAUSE. Signed by Judge Phyllis J. Hamilton on 7/22/15. (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 FOR PETITIONER TO SHOW 9 CAUSE 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 states 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. He must show cause by August 14, 2015, why this case should 21 not be dismissed without prejudice for being unexhausted. 22 IT IS SO ORDERED. 23 Dated: July 22, 2015 24 ________________________ PHYLLIS J. HAMILTON 25 United States District Judge 26 \\CANDOAK\Data\Users\PJHALL\_psp\2015\2015_03019_Hollins_v_DeMorales_(PSP)\15-cv-03019-PJH-_osc-p.docx 27 28 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL HOLLINS, 7 Case No. 15-cv-03019-PJH Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 JON DEMORALES, 10 Defendant. 11 12 Northern District of California I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. United States District Court 13 District Court, Northern District of California. 14 That on July 22, 2015, I SERVED a true and correct copy(ies) of the attached, by placing 15 said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 16 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 17 receptacle located in the Clerk's office. 18 19 Michael Hollins ID: AT0653808 Atascadero State Hospital 20 P O Box 7001 Atascadero, CA 93423 21 22 Dated: July 22, 2015 23 24 Richard W. Wieking Clerk, United States District Court 25 26 27 By:________________________ Nichole Peric, Deputy Clerk to the 28 Honorable PHYLLIS J. HAMILTON 2