Jesse Lobato v. San Bernardino County

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 JESSE LOBATO, ) No. CV 19-10312-VBF (PLA) ) 13 Petitioner, ) ) ORDER TO SHOW CAUSE RE: DISMISSAL 14 v. ) OF HABEAS PETITION ) 15 SAN BERNARDINO COUNTY, et al., ) ) 16 Respondents. ) ) 17 18 Jesse Lobato (“petitioner”) initiated this action on December 5, 2019, by filing a Petition for 19 Writ of Habeas Corpus (“Petition”). The cover page of the Petition cites to both 28 U.S.C. § 2254, 20 the habeas statute applicable to state prisoners seeking to challenge a state court judgment, and 21 42 U.S.C. § 1983, which applies to civil rights actions. (ECF No. 1 at 1). Petitioner states that he 22 has been charged with carjacking (Cal. Penal Code § 215(a)), and being a felon in possession of 23 a firearm (Cal. Penal Code § 29800(a)(1)), and that his criminal proceeding in the San Bernardino 24 County Superior Court is “still pending.” (ECF No. 1 at 21). 25 26 1 Petitioner filed two documents on December 5, 2019. …