Warden

Larry Charles Cleveland v. Warden

Good Law
United States District Court, Central District of CaliforniaDecember 20, 20192:19-cv-09730California3,027 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LARRY CHARLES CLEVELAND, Case No. 2:19-cv-09730-DSF (GJS) Petitioner

v. ORDER: SUMMARILY DENYING

AND DISMISSING PETITION;

WARDEN, AND DENYING CERTIFICATE

OF APPEALABILITY

Respondent.

17 On November 13, 2019, Petitioner filed a 28 U.S.C. § 2254 habeas petition in this District [Dkt. 1, “Petition”]. The Petition challenges a September 2017 decision by California’s Board of Parole Hearings (“BPH”) finding Petitioner to be unsuitable for release on nonviolent offender parole. Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts provides that a petition for writ of habeas corpus “must” be summarily dismissed “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Here, it plainly appears on the face of the Petition that Petitioner’s claims are not cognizable in federal habeas review and could not be rendered…

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