Broque Anthony Anderson v. San Bernardino County Sheriffs Department

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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

ANDERSON,

Petitioner, ORDER DISM ISSING PETITION FOR

LACK OF JURISDICTION

v.

SAN BERNARDINO COUNTY

SHERIFF DEPARTMENT,

Respondent.

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