Opinion
3:21-cv-1044-LAB
07-28-2021
HECTOR URIBE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER DENYING PETITION WITHOUT PREJUDICE [DKT. 1]
Hon. Larry Alan Burns United States District Judge.
Hector Uribe, proceeding pro se, challenges his sentence under 28 U.S.C. § 2255. His petition states that he did not file any appeals concerning his conviction. (Dkt. 1 ¶¶ 8-10.) But he did appeal his sentence, and that appeal is still pending. (See S.D. Cal. Case No. 3:20-cr-1872, Dkt. 47 (Notice of Appeal); 9th Cir. Case No. 21-50116 (docket for Uribe's pending appeal).) The Court can't entertain Uribe's habeas petition while his appeal is pending. United States v. Deeb, 944 F.2d 545, 548 (9th Cir. 1991). The petition is DENIED WITHOUT PREJUDICE. The Clerk is directed to close the case.
IT IS SO ORDERED.