Luckett

Luckett v. People of State of California

Good Law
United States District Court, Northern District of CaliforniaFebruary 21, 20254:22-cv-06634California2,884 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHARLES EDWARD LUCKETT, Case No. 22-cv-06634-HSG

Petitioner, ORDER GRANTING MOTION TO

DISMISS; DISMISSING PETITION

v. WITH PREJUDICE; DENYING

CERTIFICATE OF APPEALABILITY

WARDEN O’BRIAN BAILEY, Re: Dkt. No. 12 Respondent.

13 Petitioner, an inmate at Valley State Prison in Chowchilla, California,1 filed this pro se writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the state court denial of his Cal. Penal Code § 1172.6 resentencing petition. Dkt. No. 1 at 1, 7. Now pending before the Court is Respondent’s motion to dismiss. Dkt. No. 12. Petitioner has filed an opposition, Dkt. No. 13, and Respondent has filed a reply, Dkt. No. 14. For the reasons set forth below, the Court GRANTS Respondent’s motion to dismiss; DISMISSES the petition with prejudice; and DENIES a certificate of appealability. DISCUSSION I. Procedural Background On July 17, 2015, Petitioner…

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