Gastelo

(HC) Bouie v. Gastelo

Good Law
United States District Court, Eastern District of CaliforniaFebruary 10, 20202:19-cv-02575California737 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DIRK JAONG BOUIE, Jr., No. 2:19-cv-2575 JAM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOSIE GASTELO, WARDEN,1 Respondent. 16 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus. Before the court is petitioner’s petition for screening. For the reasons set forth below, this court will recommend the petition be dismissed. Petitioner challenges a conviction and twenty-year sentence imposed in 2008 in Butte County Superior Court for false imprisonment, burglary, and home invasion robbery. (See Pet. (ECF No. 1) at 1.) In 2012, petitioner filed a federal habeas action in this court challenging the same judgment. See Bouie v. Board of Parole Hearings2, No. 2:12-cv-1221 MCE JFM (E.D. 24 1 Petitioner identified the Board of Parole Hearings (“BPH”) as the respondent. However, 25 petitioner is not challenging an action of the BPH. Rather, he is challenging his 2008 conviction. Accordingly, this…

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