Stephen Ricardo Banks v. W. L. Muniz

Filing 12

ORDER SUMMARILY DISMISSING HABEAS PETITION AND ADMINISTRATIVELY CLOSING CASE by Judge Jesus G. Bernal. Accordingly, for the reasons stated in the Magistrate Judges March 8, 2017 Order to Show Cause 11 , the Petition is DISMISSED without prejudice. The Clerk is directed to administratively close this case. (See document for further details.) (iva)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

STEPHEN RICARDO BANKS,

12
13
14
15
16
17

Petitioner,
v.
W.L. MUNIZ, Warden,
Respondent.

)
)
)
)
)
)
)
)
)
)

Case No. CV 16-7975-JGB (JPR)
ORDER SUMMARILY DISMISSING HABEAS
PETITION AND ADMINISTRATIVELY
CLOSING CASE

On March 8, 2017, the Magistrate Judge ordered Petitioner to

18 show cause why his federal habeas Petition should not be
19 dismissed without prejudice under Younger v. Harris, 401 U.S. 37,
20 45-46 (1971), because the conviction and sentence he challenged
21 were not yet final. She gave Petitioner until March 29, 2017, to
22 respond to the OSC and warned him that if he did not do so, his
23 Petition could be dismissed for the reasons stated in the OSC
24 “and/or for failure to prosecute.” Petitioner has not responded
25 to the OSC or requested an extension of time to do so. His
26 appeal of his state conviction and resentencing remain pending in
27 the state court of appeal.
28

Rule 4 of the Rules Governing § 2254 Cases states that a
1

1 district judge “must dismiss” a petition “[i]f it plainly appears
2 from the petition and any attached exhibits that the petitioner
3 is not entitled to relief.”

See also C.D. Cal. R. 72-3.2

4 (providing for magistrate judges to prepare summary-dismissal
5 orders for district judges’ signature).
6

Accordingly, for the reasons stated in the Magistrate

7 Judge’s March 8, 2017 Order to Show Cause, the Petition is
8 DISMISSED without prejudice.

The Clerk is directed to

9 administratively close this case.
10
11
12

DATED:

April 27, 2017
JESUS G. BERNAL
U.S. DISTRICT JUDGE

13
14 Presented by:
15
16 Jean Rosenbluth
17

U.S. Magistrate Judge

18
19
20
21
22
23
24
25
26
27
28
2