(HC)Sterling

(HC)Sterling v. Gastelo

Good Law
United States District Court, Eastern District of CaliforniaMay 4, 20212:21-cv-00632California515 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMM STERLING, JR., No. 2:21-cv-0632 WBS CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOSIE GASTELO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must review all petitions for writ of habeas corpus and summarily dismiss any petition if it is plain that the petitioner is not entitled to relief. The court has conducted that review and determines that summary dismissal is appropriate here. Petitioner does not identify the conviction at issue. Also, while petitioner asserts the Superior Court of Yolo County had no jurisdiction to convict him, he fails to point to any facts suggesting as much. Finally, petitioner argues his conviction should be overturned because the Yolo County District Attorney did not file a response to…

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