McDowell v. State of Washington

1 U.S. F DIL ISE TD R I IN C TT H CE O URT 2 EASTERN DISTRICT OF WASHINGTON Jan 05, 2022 SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ALAN RAY MCDOWELL, NO: 2:21-CV-00332-RMP 8 Petitioner, ORDER DISMISSING HABEAS 9 v. CORPUS PETITION STATE OF WASHINGTON, 11 Respondent.

13 On December 2, 2021, the Court directed Petitioner Alan Ray McDowell to show cause why his Petition for Writ of Habeas Corpus should not be dismissed.

15 ECF No. 8 at 11. Specifically, Petitioner had failed to name a proper respondent, thus depriving the court of personal jurisdiction. See Stanley v. Cal. Sup. Ct., 21 F.3d 17 359, 360 (9th Cir. 1994). Furthermore, Petitioner failed to demonstrate that he is “in custody” for purposes of federal habeas corpus relief. See 28 U.S.C. § 2254(a); Maleng v. Cook, 490 U.S. 488, 490–91 (1989).

20 Petitioner is proceeding pro se and has paid the $5.00 filing fee to commence this action. Respondent has not been served. The Court cautioned Petitioner that the failure to show cause would be construed as his consent to the dismissal of this action. ECF No. 8 at 11. Petitioner did not comply with the Court’s directive and has filed nothing further in this action. Therefore, for the reasons set forth in the Order to Show Cause, ECF No. 8, IT IS ORDERED that the Petition, ECF No. 1, is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.

6 IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter this Order, enter judgment, provide copies to Petitioner and CLOSE the file.

8 The Court certifies that 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. See 28 10 U.S.C. §§ 1915(a)(3), 2253(c); Fed. R. App. P. 22(b).

11 DATED January 5, 2022.

s/ Rosanna Malouf Peterson 13 ROSANNA MALOUF PETERSON United States District Judge