Moses Clark v. Glen E. Pratt

Good Law
United States District Court, Central District of CaliforniaFebruary 25, 20252:24-cv-06230California1,557 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 11 MOSES CLARK, Case No. 2:24-cv-06230-FWS-PD 12 Petitioner, ORDER DISMISSING

PETITION FOR FAILURE TO

v. PROSECUTE

GLEN E. PRATT,

15 Respondent. 17

I. Pertinent Procedural History and Petitioner’s Contention On July 22, 2024, Petitioner Moses Clark, proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. [Dkt. No. 1.] The Petition states the following ground for relief: Petitioner is entitled to resentencing under Senate Bill No. 567 because the trial court imposed the upper term sentence on the domestic-violence count without finding any aggravating factors to justify it. [See Id. at 6-8.] 25 26 1 Petitioner filed a prior federal habeas petition challenging his 2020 state-court 27 conviction and sentence. See Clark v. Shirley, No. CV 20-11167-JVS-PD (C.D. Cal. filed Dec. 8, 2020). This claim was not ripe when Petitioner filed his first federal On July 26, 2024, the Court advised Petitioner of…

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