Jose Luis Carbajal v. J. Sullivan

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL

Case No. CV 19-7308-RGK (KS) Date: September 24, 2019 Title Jose Luis Carbajal y. J. Sullivan

Present: The Honorable: Karen L. Stevenson, United States Magistrate Judge

Gay Roberson Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Proceedings: (INCHAMBERS) SECOND ORDER TO SHOW CAUSE RE: DISMISSAL On August 22, 2019, Jose Luis Carbajal (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. (Dkt. No. 1.) The Petition presents one ground for habeas relief: the Los Angeles County Superior Court deprived Petitioner of due process when it held a resentencing hearing pursuant to California Penal Code § 1170(d) but “fail[ed] to follow the established resentencing procedures set forth under that provision.” (Petition at 5.) The Petition indicates that Petitioner has not presented this claim to any state court. (See generally Petition.) On August 27, 2019, this Court ordered…