Jose Luis Carbajal v. J. Sullivan
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. CV 19-7308-RGK (KS) Date: August 27, 2019 Title Jose Luis Carbajal v. J. Sullivan
Present: The Honorable: Karen L. Stevenson, United States Magistrate Judge
Gay Roberson Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On August 22, 2019, Jose Luis Carbajal (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. (Dkt. No. 1.) The Petition presents one ground for habeas relief: the Los Angeles County Superior Court deprived Petitioner of due process when it held a resentencing hearing pursuant to California Penal Code § 1170(d) but “fail[ed] to follow the established resentencing procedures set forth under that provision.” (Petition at 5.) The Petition indicates that Petitioner has not presented this claim to any state court. (See generally Petition.)
As a matter of comity, a federal court will not entertain a habeas corpus petition unless the petitioner has exhausted the available state judicial…