Fernando Carlos Lopez v. E. Guzman

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

FERNANDO CARLOS LOPEZ, Case No. 5:23-cv-01456-HDV (SK)

Petitioner,

ORDER DISMISSING HABEAS

v. PETITION AND DENYING

CERTIFICATE OF

F. GUZMAN,

APPEALABILITY

Respondent.

Petitioner Fernando Carlos Lopez challenges his 2020 California state conviction and sentence for attempted murder, assault with a semiautomatic firearm, and being a felon in possession of a firearm. (ECF 1 at 2, 49). But petitioner has a resentencing hearing pending in state court, and he has not exhausted at least one of the four claims in his petition. (Id. at 6). As a result, petitioner was ordered to show cause in writing by September 6, 2023, why the petition should not be dismissed under the abstention doctrine of Younger v. Harris, 401 U.S. 37, 45–46 (1971), and for lack of complete exhaustion. (ECF 6 at 1–2). Petitioner was warned in that order that failure to respond could lead to involuntary dismissal of his action for lack of prosecution. (Id. at 2). Yet as of this order, petitioner has neither responded to the show-cause order nor asked for more time to respond. And the court has received no…