Warden
Nery Calderon v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NERY CALDERON, Case No. 2:19-10219-SVW (GJS) Petitioner
ORDER: DISMISSING ACTION;
v. AND DENYING A CERTIFICATE
OF APPEALABILITY
WARDEN, Respondent.
On December 2, 2019, the Clerk’s Office received an eight-line unsigned letter from Nery Calderon (“Petitioner”), which attached four pages of documents that had been filed repeatedly in Petitioner’s prior habeas action in this District. The Clerk’s Office opted to treat the letter and attached pages as a 28 U.S.C. § 2254 habeas petition [Dkt. 1, “Petition”], even though it is unsigned, does not contain any of the information required to set forth in a Section 2254 habeas petition (see Rule 2 of the Rules Governing Section 2254 Cases in the United States District Courts), and does not plead any habeas claim for relief. Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts provides that a petition for a writ of habeas corpus “must” be summarily dismissed “[i]f it plainly…