Broque Anthony Anderson v. San Bernardino County Sheriffs Department

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 BROQUE ANTHONY Case No. 5:23-cv-02539-JAK-KES

12 ANDERSON,

13 Petitioner, ORDER DISM ISSING PETITION FOR

LACK OF JURISDICTION

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15 SAN BERNARDINO COUNTY

16 SHERIFF DEPARTMENT,

17 Respondent.

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20 A. Introduction. 21 Rule 4 of the Rules Governing § 2254 Cases requires a district court to 22 dismiss a habeas petition “[i]f it plainly appears from the petition and any attached 23 exhibits that the petitioner is not entitled to relief in the district court....” Under this 24 Rule and for the reasons stated in this Order, the instant § 2254 petition in this 25 action is dismissed without prejudice due to lack of jurisdiction. 26 B. Procedural History. 27 In June 2023, Petitioner Broque Anthony Anderson (“Petitioner”) filed a 28 1 Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 2 U.S.C. § 2254 in case no. 5:23-cv-01173-JAK-KES (“Anderson I”). Anderson I 3 challenged Petitioner’s March 2022 convictions in San…