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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

12 13 ESTEVAN RAMIREZ, ) Case No. LA CV 19-05038-VBF-AS 14 ) Petitioner, ) ORDER 15 ) ) Dismissing the Action 16 v. ) Without Prejudice ) 17 PATRICK COVELLO, ) Directing Entry of Separate Judgment ) 18 Respondent. ) Terminating & Closing the Case (JS-6) ) 19 ) 20 21 On June 10, 2019, Estevan Ramirez (“Petitioner”), a California state prisoner 22 proceeding pro se, filed a motion for an extension of time to file a petition for writ 23 of habeas corpus. (Doc. 1). Petitioner asserts that he is entitled to equitable tolling 24 for various reasons. (See Motion at 1-3 and attached exhibits). 25 A statutory petition for a writ of habeas corpus pursuant to section 2254 can 26 be filed only by a person who is in state custody and contends that such custody is 27 in violation of the Constitution, laws, or treaties of the United States. See 28 U.S.C. 28 § 2254©. Petitioner fails to assert any specific claims, much less any claims which 1 1 || challenge the lawfulness of his conviction or his sentence (1.e., claims that go to the 2 || fact or duration of his confinement). See Preiser v. Rodriguez, 411 U.S. 475, 489, 3193 S. Ct. 1827 (1973). 4 Since petitioner does not state a cognizable claim for relief under 28 U.S.C. 5 || § 2254, and indeed does not even state any claims that sound in habeas, the Court 6 || will dismiss his action. The dismissal will be without prejudice to any right that he may have to file timely, exhausted, cognizable claims for habeas corpus relief in 8 || federal court (pursuant to 28 U.S.C. § 2441, 28 U.S.C. § 2554, or otherwise). 9 10 ORDER 11 The purported habeas corpus petition is dismissed without prejudice. 12 Judgment consistent with this Order will be entered as a separate document 13 || as required by Fed. R. Civ. P. 58(a). 14 This case shall be terminated (JS-6) and closed. 15 IT IS SO ORDERED. 16 17 || Dated: September 4, 2019 blue becker (eurboasthe 8 VALERIE BAKER FAIRBANK 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28