Warden

CIVIL MINUTES - GENERAL

Case No. 2:19-cv-07359-PSG (SK) Date September 6, 2019 Title Willie A. Mills v. Warden

Present: The Honorable Steve Kim, U.S. Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

In August 2019, Petitioner filed a petition under 28 U.S.C. § 2254 challenging his 2014 state conviction for carjacking. (Pet., ECF 1 at 2). Petitioner had counsel and pled nolo contendere to the crime. (Id.). In his petition, he claims that newly discovered alibi evidence proves he was innocent. (Id. at 5). He also claims ineffective assistance of counsel for his attorney’s unspecified failure to investigate before he entered his plea. (Id.). And he claims that his conviction is invalid because the carjacking statute, Cal. Penal Code § 215(a), is unconstitutionally vague under Johnson v. United States, 135 S. Ct. 2551 (2015). (Id. at 6). It “plainly appears,” however, that Petitioner “is not entitled to relief in the…