(HC)Jimenez
(HC)Jimenez v. Superior Court of California, County of Kings
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUDY JIMENEZ, Case No. 1:19-cv-00727-NONE-JDP (HC) Petitioner, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
v. PETITION SUPERIOR COURT OF CALIFORNIA, (Doc. No. 11)
COUNTY OF KINGS,
15 Respondent.
17 On May 17, 2019, petitioner Rudy Jimenez, a state prisoner proceeding without counsel, filed with this federal court a “Petition for Resentencing” under California Penal Code § 1170.95. (Doc. No. 1.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 29, 2019, the assigned magistrate judge issued an order requiring petitioner to show cause in writing why the petition should not be summarily dismissed, pointing out three obvious flaws: (1) the petition is addressed to the Kings County Superior Court, not this federal court; (2) petitioner does not explain why he is entitled to resentencing; (3) petitioner was convicted and sentenced in…