Edward Eugene Banks v. Josie Gastelo

I. INTRODUCTION

Pending before the Court is a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”), filed by Petitioner Edward Eugene Banks (“Petitioner”), a California state prisoner. [Dkt. No. 1].1 The Court’s review reveals that the Petition is subject to dismissal because an appeal is currently pending before the California Court of Appeal which may moot the instant federal Petition.

The Court will not make a final determination regarding whether the federal Petition should be dismissed, however, without giving Petitioner an opportunity to address this issue. For the reasons discussed below, Petitioner is ORDERED TO SHOW CAUSE in writing by April 22, 2021 why the instant Petition should not be dismissed.

1 Based on Plaintiff’s filing fee payment, the February 22, 2021 Order to Show Cause Re: Dismissal [Dkt. No. 5] is hereby discharged.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No.: 2:20-11347 CAS (ADS) Date: April 1, 2021 Title: Edward Eugene Banks v. Josie Gastelo

II. PENDING STATE APPEAL MAY REQUIRE DISMISSAL OF PETITION

A. Background The instant federal habeas Petition…