Juan Francisco Molina v. W.L. Montgomery

Case 5:21-cv-00570-SB-MAA Document Filed 09/06/ Page 1 of Page ID #:538

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JUAN FRANCISCO MOLINA, Case No. 5:21-CV-00570-SB-MAA Petitioner, ORDER DISMISSING PETITION

AND DISMISSING ACTION

v.

WITHOUT PREJUDICE

W.L. MONTGOMERY, Respondent. 16 17 I. INTRODUCTION AND BACKGROUND On February 22, 2021, Petitioner Juan Francisco Molina filed a pro se petition for writ of habeas corpus. (“Petition,” ECF No. 1.) The Petition alleged one basis for relief—that Petitioner’s sentence and the enhancements imposed violated his Fifth, Eighth, Ninth, Thirteenth, and Fourteenth Amendment rights. (Id. at 5-6.) Respondent W.L. Montgomery filed a Motion to Dismiss the Petition on 24 May 8, 2021, arguing that Petitioner’s basis for relief was not exhausted or, 25 alternatively, did not state a cognizable claim in federal court. (ECF No. 8.) After 26 Petitioner did not file an Opposition to Respondent’s Motion to Dismiss, the Court 27 issued an Order to Show Cause by…