Ricardo Banuelos-Veyna v. The People of the State of California

1 O 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 RICARDO BANUELOS-VEYNA, Case No. 2:21-cv-00855-CAS-MAA 12 Petitioner, ORDER DISMISSING PETITION

AND DISMISSING ACTION

13 v. WITHOUT PREJUDICE 14 THE PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent. 16 17 18 I. INTRODUCTION AND BACKGROUND 19 On January 26, 2021, the Court received and filed Petitioner Ricardo 20 Banuelos-Veyna’s (“Petitioner”) pro se Petition for Writ of Habeas Corpus by a 21 Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition”). (Pet., ECF No. 22 1.) 23 On February 23, 2021, Respondent filed a Motion to Dismiss the Petition 24 (“Motion to Dismiss”). (Mot. to Dismiss, ECF No. 9.) By the terms of the Court’s 25 February 1, 2021 Order Requiring Response, Petitioner’s Opposition to the Motion 26 to Dismiss was due within thirty days after service of that Motion. (Order 27 Requiring Response, ECF No. 4, at 2.) 28 1 On April 13, 2021 the Court issued an Order to Show Cause regarding 2 Petitioner’s failure to file an Opposition to the…