Nation v. Souza

1 EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON Apr 11, 2022 SEAN F. MCAVOY, CLERK 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON TIMOTHY E. NATION No. 4:22-cv-05004-SMJ Petitioner, ORDER DENYING PETITION 6 WITHOUT PREJUDICE v. SCOTT SOUZA, ANDREW KELVIN MILLER and CRAIG SWENSON, 9 Respondents.

11 By Order filed January 31, 2022, the Court advised Petitioner Timothy E.

12 Nation, a prisoner at the Benton County Jail, of the deficiencies of his pro se Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 and directed him to amend within sixty days. ECF No. 10. Petitioner has paid the $5.00 filing fee. Respondents have not been served.

16 Petitioner was cautioned that his failure to comply with the Order to Amend Petition would result in the denial of his petition. Id. at 7. Petitioner did not comply by the due date of April 1, 2022. Consequently, the Petition is denied without prejudice for failure to exhaust state court remedies. See Braden v. 30th Jud. Cir. || Ct, 410 U.S. 484, 489-93 (1973); Carden v. Montana, 626 F.2d 82, 83-84 (9th Cir. || 1980).

3 Accordingly, IT IS HEREBY ORDERED: 4 1. The Petition, ECF No. 1, is DENIED WITHOUT PREJUDICE for 5 failure to exhaust state court remedies.

6 2. The Clerk’s Office is directed to ENTER JUDGMENT and CLOSE 7 the file.

8 3. The Court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal 9 from this decision could not be taken in good faith and there is no basis 10 upon which to issue a certificate of appealability. See 28 U.S.C. 11 § 2253(c); Fed. R. App. P. 22(b). A certificate of appealability is 12 therefore DENIED.

13 IT ISSO ORDERED. The Clerk’s Office is directed to enter this Order and || provide copies to pro se Petitioner at his last known address.

15 DATED this 11" day of April 2022. ‘ __ fend ene SALVADOR MENDOZA\ IR.

17 United States District Judge