Manina v. State of Washington

FILED IN THE 2 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Nov 08, 2024 4 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON SCOTT STANTON MANINA, 10 2:24-CV-00298-SAB Petitioner, v. ORDER DISMISSING ACTION STATE OF WASHINGTON, Respondent.

17 By Order filed October 3, 2024, the Court instructed Petitioner, through his attorney, Robert Roy Cossey, to show cause by November 4, 2024, why this Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 20 U.S.C. § 2254 should not be dismissed for lack of jurisdiction and for failure to exhaust his state court remedies. See ECF No. 3. The filing fee has been paid.

22 The Court cautioned Petitioner that his failure to show cause would be construed as his consent to the dismissal of this action. ECF No. 3 at 6. Petitioner has filed nothing further in this action. The Court must assume Petitioner has chosen to abandon this litigation.

26 Therefore, for the reasons set forth in the Order to Show Cause, IT IS ORDERED this habeas action is dismissed without prejudice for lack of jurisdiction over the Respondent, see Stanley v. Cal. Sup. Ct., 21 F.3d 359, 360 (9th Cir. 1994), and for failure to exhaust state court remedies, see O Sullivan v. Boerkel, 526 U.S. 838, 845 (1999).

3 Accordingly, IT IS HEREBY ORDERED: 1. The Petition, ECF No. 1 is DISMISSED without prejudice.

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

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

9 DATED this 8th day of November 2024.

Sfrelerld Eee toar 15 Stanley A. Bastian 6 Chief United States District Judge