Danny Ray Garcia v- Christian Pfeiffer
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DANNY RAY GARCIA, Case No. 5:21-559-JWH (MAR) 12 Petitioner, ORDER SUMMARILY DISMISSING
ACTION WITHOUT PREJUDICE
13 v. 14 15 CHRISTIAN PFEIFFER, 16 17 Respondent. 18 19
20 21 22 23 24 25 26 27 1 I. 2 INTRODUCTION 3 On March 30, 2021, Danny Ray Garcia (“Petitioner”) filed a Petition for Writ 4 of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. ECF Docket No. 5 (“Dkt.”) 1. On May 4, 2021, the Court issued an “Order to Show Cause Why the 6 Petition Should Not Be Dismissed Due to Failure to Exhaust” (“OSC”). Dkt. 9. 7 While Petitioner has responded to the OSC, Petitioner has failed to show that the 8 Petition has been exhausted. Thus, for the reasons discussed below, the Court 9 summarily DISMISSES this action without prejudice. 10 II. 11 SUMMARY OF PROCEEDINGS 12 On March 30, 2016, Petitioner was convicted of carjacking, robbery, assault 13 …