Abduh-Salam v. Patterson

Background

Raphael S. Abduh-Salam, a California prisoner proceeding without an attorney, filed a petition for federal habeas corpus relief under 28 U.S.C. § 2254. The petition stated that he was sentenced in Santa Cruz County Superior Court on October 4, 2024, to 68 years to life in state prison for attempted murder, aggravated assault, discharging a firearm into an inhabited building, and possessing a firearm and ammunition as a felon.

Abduh-Salam appealed to the California Court of Appeal, which affirmed the judgment in 2025. When the petition asked whether he had appealed to the California Supreme Court, he marked “NO.” The petition also stated that he had no petition, appeal, or other post-conviction proceeding pending when he filed in federal court.

Legal Standard

Under 28 U.S.C. § 2254, a federal court generally may not grant habeas relief to a state prisoner unless the prisoner first exhausts available state judicial remedies. Exhaustion requires presenting each federal claim to the highest available state court with a fair opportunity to decide it. Rule 4 of the Rules Governing Section 2254 Cases permits summary dismissal when the petition itself shows that the prisoner is not entitled to relief in federal court, including when state remedies have not been exhausted.

Court’s Analysis

The court concluded that the petition plainly showed a failure to exhaust. Although Abduh-Salam had appealed to the California Court of Appeal, he had not presented his claims to the California Supreme Court. Therefore, the highest available California court had not received a fair opportunity to rule on the merits of the claims.

Disposition

The court dismissed the petition without prejudice for failure to exhaust state court remedies. It stated that Abduh-Salam could file a later petition after exhausting available state remedies. The court also vacated the Clerk’s Notice dated November 20, 2025, directed the clerk to enter judgment without prejudice, and closed the file.