Lacy
Lacy v. Miyamoto
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROY D. LACY, Case No. 20-cv-03036-HSG
Petitioner, ORDER GRANTING MOTION TO
DISMISS; DENYING REQUEST FOR
v. STAY; DENYING CERTIFICATE OF
APPEALABILITY
PAUL MIYAMOTO, Re: Dkt. Nos. 11, 19 Respondent.
12 Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Now pending before the Court is Respondent’s motion to dismiss the petition due to ongoing state court proceedings. Dkt. No. 11. Petitioner has filed an opposition, Dkt. No. 14, and Respondent has filed a reply, Dkt. No. 18. For the reasons set forth below, the Court GRANTS the motion to dismiss. BACKGROUND In January 2013, a Marin County Superior Court jury found petitioner guilty of six counts of robbery arising from robberies at three bank branches (Cal. Penal Code § 211); and found true that Petitioner had two prior strike convictions, two five-year serious felony…