Bland v. Spokane County Jail

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ROBERT EMORY BLAND, NO: 4:20-CV-0214-TOR 8 Petitioner, ORDER OF DISMISSAL 9 v. SPOKANE COUNTY JAIL, 11 Respondent.

13 By Order filed July 9, 2020, the Court granted Petitioner leave to proceed in forma pauperis and directed him to show cause why his pro se Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 should not be dismissed due to Petitioner’s failure to exhaust state court remedies and as a proper exercise of abstention under Younger v. Harris, 401 U.S. 37 (1971). ECF No. 8. Petitioner filed this action while a pretrial detainee at Spokane County Detention Services. He subsequently advised the Court of his release to American Behavioral Health Systems in Chehalis, Washington. ECF No. 7. A copy of this Order was mailed to Petitioner at the || address he provided but was returned as undeliverable on July 20, 2020. Petitioner 2|| has not kept the Court apprised of his current address and has filed nothing further in this action.

4 For the reasons set forth above and in the Order to Show Cause, ECF No. 8, 5|| the Court finds it appropriate to dismiss this action without prejudice for failure to 6|| exhaust state court remedies. Because it plainly appears that Petitioner is not entitled to relief in this Court, IT IS ORDERED the petition, ECF No. 1, is DISMISSED pursuant to Rule 4, Rules Governing Section 2254 Cases in the United States District Courts.

10 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, enter judgment, provide copies to Petitioner at his last known address, and close the file. The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A certificate of appealability is therefore DENIED.

16 DATED August 13, 2020. 17 CO, 0%; 18 ey fits, RICE Gras» United States District Judge