Kenyon Darrell Brown v. People of State of California

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