Opinion
No. C 02-5120 SI (pr)
November 18, 2002
JUDGMENT
This action is dismissed without prejudice to petitioner filing a new petition for writ of habeas corpus after he exhausts all of his state court remedies.
IT IS SO ORDERED AND ADJUDGED.
ORDER OF DISMISSAL
Tommie L. Jackson, a California state inmate currently incarcerated at California State Prison — Solano this filed action under 28 U.S.C. § to 2254 to challenge his 1999 conviction in Contra Costa County Superior Court. His action is now before the court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases.
A prisoner in state custody who wishes to challenge either the fact or length of his confinement by filing a federal petition for writ of habeas corpus must first exhaust state judicial remedies, either on direct appeal or through collateral proceedings, by presenting the highest state court available with a fair opportunity to rule on the merits of each and every issue he seeks to raise in federal court. See 28 U.S.C. § 2254 (b), (c); Granberry v. Greer, 481 U.S. 129, 133-34 (1987). Jackson has not sought review by the California Supreme Court of the claims he raises in his federal habeas petition. See Petition, p. 3, response to questions 8(b) 9, and p. 6. He must give the California Supreme Court an opportunity to rule on his claims before presenting them to this court. He may do that by, for example, filing a petition for writ of habeas corpus in the California Supreme Court. This action is DISMISSED without prejudice to Jackson filing a new petition after exhausting all of his state court remedies.
Jackson is reminded that he must act promptly to return to the California Supreme Court to exhaust his state court remedies and then to file a new federal habeas petition so that he complies with the one-year statute of limitations on the filing of federal habeas petitions in 28 U.S.C. § 2244 (d).
Jackson's in forma pauperis applications are GRANTED. (Dockets #3 and #5.)
IT IS SO ORDERED.