Kenyon Darrell Brown v. People of State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 KENYON DARRELL BROWN, ) CASE NO. ED CV 19-2507-RGK (PJW) ) 11 Petitioner, ) [PROPOSED] ORDER DISMISSING ) PETITION WITHOUT PREJUDICE AND 12 v. ) DENYING CERTIFICATE OF ) APPEALABILITY 13 PEOPLE OF STATE OF CALIFORNIA, ) ) 14 Respondent. ) ) 15 16 On December 26, 2019, Petitioner filed a Petition for Writ of 17 Habeas Corpus in the Ninth Circuit Court of Appeals, which was 18 subsequently transferred to this court. In it, he challenges a 10- 19 year sentence imposed by the San Bernardino County Superior Court in 20 November 2019. (Petition at 1.) Petitioner notes in the Petition 21 that his appeal of that sentence is currently pending in the 22 California Court of Appeal. (Petition at 5, 6.) For the following 23 reasons, the Petition is dismissed without prejudice. 24 As a matter of comity between state and federal courts, a federal 25 court will generally not address the merits of a habeas corpus 26 petition unless the petitioner has…