Thompkins

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 CLEM THOMPKINS, Case No. 21-cv-07907-BLF

Petitioner,

ORDER GRANTING MOTION TO

v. DISMISS WITHOUT PREJUDICE

DANIEL E. CUEVA, [Re: ECF No. 9] Respondent.

12 Petitioner Clem Thompkins, who is currently confined in the California Medical Facility in Vacaville, California, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his conviction in state court. See ECF No. 1 (“Pet.”). Respondent Daniel E. Cueva, the acting warden of the California Medical Facility, has filed a motion to dismiss Thompkins’ Petition, arguing that Thompkins’ state criminal judgment is not final because he is awaiting resentencing on remand in state court. See ECF No. 9 (“MTD”). Cueva opposes the motion to dismiss. ECF No. 12 (“Opp.”). For the following reasons, the Court agrees with Respondent and GRANTS the motion to dismiss WITHOUT PREJUDICE. I. …