St. Michael Balzarini v. Dean Borders
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 ST. MICHAEL BALZARINI, Case No. 5:19-cv-01191-RGK-MAA
12 Petitioner,
ORDER SUMMARILY DISMISSING
ACTION WITHOUT PREJUDICE v. 14 DEAN BORDERS, Warden, 15 Respondent. 16 17 On June 27, 2019, Petitioner St. Michael Balzarini, acting pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (“Petition,” ECF No. 1.) As discussed below, summary dismissal of the action is appropriate. 21 I. BACKGROUND Petitioner was convicted and sentenced in 1995 in the San Bernardino County Superior Court. (See Petition 2.) Although the Petition states that Petitioner has not previously filed any federal habeas petitions with respect to this judgment of conviction (id. at 7), this is Petitioner’s fifth federal habeas action in this district predicated on the 1995 conviction. The Court takes judicial notice of Petitioner’s prior habeas cases in this district. See Fed. R. Evid. 201(b)(2) (“The court may judicially notice a fact that is not subject to…