Derrick L. Johnson v. Samantha P. Jessner

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

DERRICK LYNN JOHNSON, No. 2:24-cv-07683-JFW-BFM Petitioner, v. ORDER TO SHOW CAUSE 14 SAMANTHA P. JESSNER, et al. 15 Respondents. 16

18 This Order concerns a federal habeas petition. Petitioner Derrick Lynn 19 Johnson filed a habeas petition in this Court. (ECF 1 (“Petition”).) Under Rule 20 4 of the Rules Governing Section 2254 Cases in the United States District 21 Court—rules that apply to this Petition—the Court must review the Petition 22 before ordering a response. If it “plainly appears” from that initial review that 23 Petitioner is not entitled to relief, the Court must dismiss the Petition. 24 Here, Petitioner claims that he is being “held to answer for an otherwise 25 infamous crime without presentment or indictment,” in violation of the Fifth 26 Amendment. (Petition at 5.) It appears, however, that his claim is presented in 27 a second-or-successive petition, and that he has not received authorization from 28 the Ninth Circuit to proceed with his claim. It…