Jesse Lobato v. San Bernardino County

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3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 JESSE LOBATO, ) No. LA CV 19-10312-VBF (PLA) ) 13 Petitioner, ) ) 14 v. ) ORDER DISMISSING PETITION WITHOUT ) PREJUDICE 15 SAN BERNARDINO COUNTY, et al., ) ) 16 Respondents. ) ) 17 18 I. 19 BACKGROUND 20 Jesse Lobato (“petitioner”) initiated this action on December 5, 2019, by filing a Petition for 21 Writ of Habeas Corpus (“Petition”). The cover page of the Petition cites to both 28 U.S.C. § 2254, 22 the habeas statute applicable to state prisoners seeking to challenge a state court judgment, and 23 42 U.S.C. § 1983, the statute that applies to civil rights actions against state actors. (ECF No. 1 24 at 1). Petitioner states that he has been charged with carjacking (Cal. Penal Code § 215(a)), and 25 26 27 28 1 being a felon in possession of a firearm (Cal. Penal Code § 29800(a)(1)), and that his criminal 2 proceeding in the San…