; Wells v. McKenna - 3
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Wells v. McKenna - 3

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									Wells v. McKenna                                                                                                           Doc. 3
                    Case 2:05-cv-00988-TSZ           Document 3         Filed 06/07/2005         Page 1 of 2




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         07                             UNITED STATES DISTRICT COURT
                                       WESTERN DISTRICT OF WASHINGTON
         08                                      AT SEATTLE

         09 CURTIS NEAL WELLS,                     )               CASE NO. C05-0988-TSZ-MAT
                                                   )
         10         Petitioner,                    )
                                                   )
         11         v.                             )               ORDER TO SHOW CAUSE
                                                   )
         12   ROBERT MCKENNA,                      )
                                                   )
         13         Respondent.                    )
              ____________________________________ )
         14

         15          Petitioner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. §
         16 2254. Having reviewed the petition, and the balance of the record, the court does hereby find and

         17 ORDER as follows:

         18          (1)     Petitioner states in his petition that he has not raised in state court any of the three

         19 grounds listed in his federal habeas petition (Dkt. #1 at 7, 8, 10). Thus, it appears from the face

         20 of the petition that petitioner has not exhausted these claims in state court. In order to present a

         21 claim to a federal court for review in a habeas petition, a petitioner must first have presented that

         22 claim to the state court. See 28 U.S.C. § 2254(b)(1). Accordingly, within 21 days from the date

         23 of this Order, petitioner shall SHOW CAUSE why his petition should not be dismissed without

         24 prejudice for failure to exhaust.

         25 / / /

         26 / / /


              ORDER TO SHOW CAUSE
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                                                                                                                Dockets.Justia.com
        Case 2:05-cv-00988-TSZ       Document 3        Filed 06/07/2005        Page 2 of 2




01        (2)    The Clerk shall send a copy of this Order to petitioner and to the Honorable

02 Thomas S. Zilly.

03        DATED this 7th day of June, 2005.

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                                              A
                                              Mary Alice Theiler
                                              United States Magistrate Judge
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     ORDER TO SHOW CAUSE
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