Sherman

Robert H. Dunlap v. Sherman

Good Law
United States District Court, Central District of CaliforniaSeptember 26, 20192:19-cv-08226California962 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL

Case No. CV 19-8226-CIJC (KS) Date: September 26, 2019 Title Robert H. Dunlap v. Sherman

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) ORDER TO SHOW CAUSE RE: DISMISSAL On September 23, 2019, Robert H. Dunlap (“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 two grounds for habeas relief: (1) Petitioner received an unauthorized sentence in light of Proposition 36; and (2) Petitioner received an unauthorized sentence in light of ex post facto legislation, California Senate Bill SB-1437. (Petition at 6, 8.) The Petition indicates that Petitioner has not presented either of these claims to any state court. (See generally Petition.) As a matter of comity, a federal court will not entertain a habeas corpus petition unless…

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