Jason Wesley Wiley v. Hestrin A. Michael et a

Good Law
United States District Court, Central District of CaliforniaOctober 16, 20235:23-cv-01463California1,521 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10

JASON WESLEY WILEY, ) NO. EDCV 23-1463-GW (AGR)

12 ) Petitioner, ) 13 ) ) 14 LUIS MARTINEZ, Warden, ) ORDER TO SHOW CAUSE WHY ) PETITION FOR WRIT OF 15 Respondent. ) HABEAS CORPUS SHOULD ) NOT BE DISMISSED 16 ) ) 17 18 On February 8, 2023, Petitioner constructively filed a Petition for Writ of 19 Habeas Corpus by a Person in State Custody (“Petition”), pursuant to 28 U.S.C. 20 § 2254, in the Northern District of California. (Dkt. No. 1.) The Petition was 21 transferred to the Central District of California by Order dated July 24, 2023. 22 (Dkt. No. 16.) 23 Petitioner contends that he is subject to an unlawful sentence and requests 24 resentencing. (Petition at 5-6.) On the face of the Petition, it appears Petitioner’s 25 claims are both unexhausted and not cognizable on federal habeas review. 26 Absent further explanation from Petitioner, the Petition is subject to dismissal. 27 Page citations are to the page numbers generated by the CM/ECF I. PROCEDURAL…

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