Luckett
Luckett v. People of State of California
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…