Jose Fernandez Lopez v. Rosemay Ndoh

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. SACV 20-00033-JGB (SK) Date January 31, 2020 Title Jose Fernandez Lopez v. Rosemay Ndoh

Present: The Honorable Steve Kim, U.S. Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE On January 7, 2020, Petitioner filed a petition under 28 U.S.C. § 2254 challenging his 2007 convictions for burglary, forcible sodomy, forcible sexual penetration, and rape. (ECF 1 at 13). As grounds for habeas relief, Petitioner appears to assert a Fourth Amendment claim based on the admission of DNA evidence, ineffective assistance of trial counsel, and an actual innocence claim. (Jd. at 5-6). On its face, though, the petition is subject to summary dismissal for at least two reasons. First, Petitioner did not exhaust his claims in California state court. The Court may not grant habeas relief unless the…