1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ERNESTO V. GONZALEZ, Case No.: 3:18-cv-02007-JAH-BGS

12 Petitioner, ORDER: 13 v. (1) LIFTING STAY; 14 SULLIVAN, Warden, et al.,

15 Respondents. (2) DISMISSING PETITION FOR WRIT OF HABEAS CORPUS 16 PURSUANT TO

17 (ECF No. 1). 18

19 The history of this case has been fully set forth in the Court’s prior order to show 20 cause. (See ECF No. 13). Petitioner was ordered to show cause why the stay in this case 21 should not be lifting and the case dismissed for a failure to exhaust his state court remedies, 22 as previously ordered by this Court. (Id. at 2-3). To date, Petitioner has not responded to 23 the Court’s order to show cause, and there has been no indication that Petitioner has 24 attempted to exhaust his state judicial remedies. Accordingly, IT IS HEREBY ORDERED: 25 1. The stay in the case, (ECF No. 7), is LIFTED, and, 26 /// 27 28 l 2. The case is DISMISSED in its entirety without prejudice for a failure to 2 exhaust state judicial remedies. See Trimble v. City of Santa Rosa,

583, 586 (9th Cir. 1995) (A dismissal for failure to exhaust is not a bar to 4 returning to federal court after exhausting available state remedies). A 5 certificate of appealability is not warranted in this case. See Rule 11(a) of the 6 Rules Governing § 2254 Cases, 28 U.S.C. foll. § 2254 (requiring district court 7 to rule on certificate of appealability in same order that denies petition). 8 Petitioner has not shown “that jurists of reason would find it debatable 9 whether the petition states a valid claim of the denial of a constitutional right 10 and that jurists of reason would find it debatable whether the district court was 11 correct in its procedural ruling.” Slack v. McDaniel,

(2000). 12 IT IS SO ORDERED. 13 || DATED: March 30, 2023

15 16 JOIN A. HOUSTON UWITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28