David Brian Harry v. Matthew McVay

JS-

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DAVID BRIAN HARRY, Case No. 5:23-00910 AB (ADS)

Petitioner,

v. ORDER SUMMARILY DISMISSING

PETITION FOR WRIT OF HABEAS

MATTHEW MCVAY, Warden, CORPUS

Respondent.

15 Pending before the Court is a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) filed by David Brian Harry (“Petitioner”). (Dkt. No. 1.) On July 5, 2023, Respondent filed a Motion to Dismiss Petition for Writ of Habeas Corpus. (Dkt. No. 8.) No opposition was filed. Instead, on July 31, 2023, Petitioner filed a Repudiation of Authorization to File Habeas Petition in His Behalf (“Repudiation”). (Dkt. No. 11.) The Repudiation asked the Court to dismiss the Petition without prejudice because the Petition was not filed by Petitioner. (Dkt. No. 11 at 2.) On August 4, 2023, the Court issued an Order Requiring Response to the Repudiation, if any, by no 24 …