(HC) Banks v. Lynch

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARLONZO JACKSON BANKS, No. 2:20-cv-0827 TLN KJN P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 JEFF LYNCH, Warden, 15 Respondent. 16 17 I. Introduction 18 Petitioner is a state prisoner, proceeding through counsel, with a petition for writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. This proceeding was referred to this court by Local 20 Rule 302 under 28 U.S.C. § 636(b)(1). Respondent moves to dismiss this action as premature 21 because petitioner’s sentence is pending in the Sacramento County Superior Court on remand 22 from the California Court of Appeal. Petitioner opposes the motion or, in the alternative, seeks to 23 stay the federal petition pending state court proceedings. For the reasons stated below, 24 respondent’s motion should be granted, petitioner’s motion for stay should be denied, and this 25 action should be dismissed without prejudice. 26 II. Motion to Dismiss 27 Rule 4 of the Rules Governing Section 2254 Cases allows a…