Brashear v. Foulk

Full title: DEMETRIUS K. BRASHEAR, Petitioner, v. FOULK, et al., Respondents.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Sep 23, 2015

2:14-cv-2136-CMK-P (E.D. Cal. Sep. 23, 2015)

Opinion

DEMETRIUS K. BRASHEAR, Petitioner, v. FOULK, et al., Respondents. No. 2:14-cv-2136-CMK-P United States District Court, E.D. California. September 23, 2015

          ORDER

          CRAIG M. KELLISON, Magistrate Judge.

         Petitioner, a state prisoner proceeding with counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served or appeared in the action.

         On November 19, 2014, the court issued petitioner an order to show cause why his petition for a writ of habeas corpus should not be summarily dismissed. Petitioner requested and was granted additional time to respond to the order to show cause. Instead of responding to the court's order, petitioner has filed motions to conduct discovery and to submit evidence. He has not, however, provided the court with any additional information which could be used to find his pre-conviction habeas petition meets the special circumstances exception warranting federal intervention before his trial is held and any appeal is completed. See Carden v. Montana, 626 F.2d 82, 83-84 (9th Cir.1980). Petitioner has thus failed to show cause why his petition should not be dismissed.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Petitioner's pre-conviction petition for a writ of habeas corpus is summarily dismissed, without prejudice;

         2. All other pending motions are denied as moot; and

         3. The Clerk of the Court is directed to close this case.