Ernest Jim Choi v. R. Ndoh

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 ERNEST JIM CHOI, ) No. CV 20-00146 PSG (FFM) ) 11 Petitioner, ) ORDER RE SUMMARY DISMISSAL ) OF ACTION WITHOUT PREJUDICE 12 v. ) ) 13 R. NDOH, ) ) 14 Respondents. ) ) 15 ) 16 On January 2, 2020, petitioner Ernest Jim Choi (“Petitioner”) filed a Petition for 17 Writ of Habeas Corpus by a Person in State Custody (“Petition”). The Petition attacks 18 Petitioner’s December 12, 2018, convictions for criminal threats (Cal. Penal Code § 19 422(a)) and stalking (Cal. Penal Code § 646.9(a)). The Petition alleges that sections 20 422(a) and 646.9(a) are unconstitutionally vague, violate the due process guaranteed 21 under the Fifth and Fourteenth Amendments, and create arbitrary and discriminatory 22 enforcement of law in violation of the Equal Protection Clause of the Fourteenth 23 Amendment. (Petition at ¶ 12.) However, Petitioner admits that his claims have not been 24 disposed of on the merits by the California…