(HC) Franks v. Superior Court of Stanislaus County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOM M. FRANKS, No. 1:20-cv-00136-NONE-EPG-HC Petitioner, v. ORDER DISMISSING HABEAS ACTION,

DIRECTING CLERK OF COURT TO CLOSE

SUPERIOR COURT OF STANISLAUS CASE, AND DECLINING TO ISSUE A

COUNTY, CERTIFICATE OF APPEALABILITY

15 Respondent. 16 17 On January 27, 2020, petitioner filed a federal habeas petition challenging the state court’s 18 denial of his motion for DNA testing. (Doc. No. 1.) On April 2, 2020, the court granted 19 petitioner sixty days in which to assert claims under 42 U.S.C. § 1983. (Doc. No. 7.) To date, no 20 § 1983 complaint has been filed, and the time for doing so has passed. Accordingly, the court 21 will dismiss the instant habeas action without prejudice to petitioner refiling his claims in a new 22 § 1983 action. 23 Having previously found that petitioner is not entitled to habeas relief, the court now turns 24 to whether a certificate of appealability should issue. A petitioner seeking a writ of habeas corpus 25 has…