Bernard Steven Green v. Patrick Lovello

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

BERNARD STEVEN GREEN, Case No. 2:23-cv-07599-FMO-KES

Petitioner,

ORDER TO SHOW CAUSE WHY

v. § 2254 PETITION SHOULD NOT BE

PATRICK LOVELLO, Warden, DISMISSED

Respondent.

I.

INTRODUCTION

On September 11, 2023, the Court received from Bernard Steven Green

(“Petitioner”) a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254, asserting two grounds for relief. (Dkt. 1 [the “Petition”].) Ground One alleges that the Los Angeles County Superior Court (“LASC”) violated Petitioner’s due process rights by denying his resentencing petition under California Penal Code section 1170.951 without appointing counsel, obtaining briefing, conducting a hearing, or adequately explaining its denial. (Id. 26 27 1 Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6. The Court continues to refer to this statute as section…