Ernest Jim Choi v. R. Ndoh

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 ERNEST JIM CHOI, ) No. CV 20-00146 PSG (FFM) ) Petitioner, ) ORDER RE SUMMARY DISMISSAL ) OF ACTION WITHOUT PREJUDICE v. ) ) R. NDOH, ) ) Respondents. ) ) ) On January 2, 2020, petitioner Ernest Jim Choi (“Petitioner”) filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”). The Petition attacks Petitioner’s December 12, 2018, convictions for criminal threats (Cal. Penal Code § 422(a)) and stalking (Cal. Penal Code § 646.9(a)). The Petition alleges that sections 422(a) and 646.9(a) are unconstitutionally vague, violate the due process guaranteed under the Fifth and Fourteenth Amendments, and create arbitrary and discriminatory enforcement of law in violation of the Equal Protection Clause of the Fourteenth Amendment. (Petition at ¶ 12.) However, Petitioner admits that his claims have not been disposed of on the merits by the California…