Clifford C. Loyer v. Robert Luna

facts. Petitioner provides a short narrative describing his arrest and a subsequent order by a state court judge sending Petitioner to a mental hospital. Petition at 2. The Petition also references violations of Petitioner’s constitutional rights, but in a conclusory fashion. This is insufficient. A habeas petition must set forth all grounds for relief and state the facts supporting each ground. 3. Finally, it appears that Petitioner’s state criminal case is still pending before the state court. Federal courts may not intervene in ongoing state criminal prosecutions absent extraordinary circumstances. Younger v. Harris, 401 U.S. 37, 45-46 (1971). Thus, it appears that the Court must abstain and dismiss the Petition unless there are extraordinary circumstances present.

CIVIL MINUTES – GENERAL

Case No.: CV 23-02750 FWS (RAO) Date: May 9, 2023 Title: Clifford C. Loyer v. Sheriff Robert Luna

In light of the foregoing, Petitioner is ordered by no later than May 29, 2023, to show cause in writing why the Petition should not be dismissed based on the above-discussed deficiencies. The Clerk is directed to provide Petitioner with the…