Troy Angelo Gonzalez v. R. Johnson

Good Law
United States District Court, Central District of CaliforniaMarch 17, 20205:20-cv-00491California4,455 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION TROY ANGELO GONZALEZ, ) Case No. 5:20-cv-00491-RGK-JDE ) Petitioner, ) ) ORDER TO SHOW CAUSE WHY THE ) v. ) PETITION SHOULD NOT BE ) DISMISSED R. JOHNSON, Warden, ) ) Respondent. ) ) 16 Petitioner Troy Angelo Gonzalez (“Petitioner”) has filed a pro se Petition for Writ of Habeas Corpus by a Person in State Custody (Dkt. 1, “Petition” or “Pet.”) pursuant to 28 U.S.C. § 2254, raising a single purported ground, alleging a Fourteenth Amendment violation stemming from a denial by California state courts of Petitioner’s post-judgment “Petition to Recall a Sentence pursuant to Penal Code 1170.126.” Pet at 5. Under Rule 4 of Rules Governing Section 2254 Proceedings for the United States District Court (“Habeas Rules”), the Court must review the Petition and, if it plainly appears from the Petition and any attached exhibits that the Petitioner is not entitled to relief, the Court must dismiss the Petition. Here,…

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