Warden
Larry Charles Cleveland v. Warden
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…