The following excerpt is from Macklin v. Cleveringa, No. 2:19-cv-02598-TLN-CKD (E.D. Cal. 2020):
According to the federal habeas application filed in this case, petitioner has not "filed any other petitions, applications, or motions with respect to this conviction, commitment, or issue in any court...." ECF No. 1 at 5. Nor has petitioner filed any opposition to the motion to dismiss describing how his state court remedies have been exhausted. In light of the exhaustion rule requiring petitioner to present his claims in state court before proceeding to federal habeas, the undersigned recommends granting respondent's motion to dismiss. See Coleman v. Thompson, 510 U.S. 722, 731 (1991) (stating that "a state prisoner's federal habeas petition should be dismissed if the prisoner has not exhausted available state remedies as to any of his federal claims."). It is further recommended that petitioner's federal habeas application be dismissed without prejudice as wholly unexhausted.
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