(HC) Banks v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARLONZO JACKSON BANKS, No. 2:20-cv-0827 TLN KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS JEFF LYNCH, Warden, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding through counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This proceeding was referred to this court by Local Rule 302 under 28 U.S.C. § 636(b)(1). Respondent moves to dismiss this action as premature because petitioner’s sentence is pending in the Sacramento County Superior Court on remand from the California Court of Appeal. Petitioner opposes the motion or, in the alternative, seeks to stay the federal petition pending state court proceedings. For the reasons stated below, respondent’s motion should be granted, petitioner’s motion for stay should be denied, and this action should be dismissed without prejudice. II. Motion to Dismiss Rule 4 of the Rules Governing Section 2254 Cases allows a…