Moore v. Andrewjeski

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Aug 23, 2024 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON CHARLES ALLEN MOORE, JR., NO: 2:24-CV-00162-RMP 8 Petitioner, ORDER DISMISSING ACTION 9 v. MELISSA ANDREWJESKI, 11 Respondent.

13 By Order filed June 17, 2024, the Court advised Petitioner Charles Allen Moore, Jr., a pro se prisoner at the Coyote Ridge Corrections Center, of the deficiencies of his habeas corpus petition and directed him to amend within sixty (60) days. ECF No. 7. On June 20, 2024, the Court received an application to proceed in forma pauperis from Petitioner. ECF No. 8. Because the filing fee was paid in this action on May 30, 2024, this second application, ECF No. 8, is DENIED as moot.

20 Petitioner did not amend his petition as directed. Specifically, Petitioner did not present facts showing he had fully exhausted his habeas claims in state Court.

1 See Sullivan v. Boerckel, 526 U.S. 838, 845 (1999) (exhaustion includes presentation of each claim to the state’s highest court); accord James v. Borg, 24 F.3d 20, 24 (9th Cir. 1993). Petitioner also failed to name his current custodian as the proper Respondent to his petition. See Rumsfeld v. Padilla, 542 U.S. 426, 441–42 (2004); Stanley v. Cal. Sup. Ct., 21 F.3d 359, 360 (9th Cir. 1994); Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996). The Court must assume that Petitioner has chosen to abandon this litigation. For the reasons set forth above and in the Order to Amend Petition, ECF No. 7, this habeas corpus action is subject to dismissal.

9 ACCORDINGLY, IT HEREBY ORDERED: 10 1. This habeas corpus action is DISMISSED without prejudice.

11 2. The Court certifies that there is no basis upon which to issue a certificate 12 of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

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

15 DATED August 23, 2024.

16 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 17 Senior United States District Judge