Robert William Koehler, IV v. Xavier Becerra

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ROBERT WILLIAM CASE NO. 2:20-cv-03136-MWF (SK)

KOEHLER, IV,

ORDER DISMISSING HABEAS

Petitioner, PETITION WITHOUT PREJUDICE

v.

XAVIER BECERRA et al.,

Respondents.

Petitioner Robert Koehler, a pretrial detainee in the custody of San Luis Obispo County, is awaiting trial in a state criminal prosecution for homicide. But because of the COVID-19 pandemic, the trial court has postponed Petitioner’s trial. Claiming that this postponement violates federal due process, Petitioner asks for release from state pretrial custody under 28 U.S.C. § 2254. (ECF 1 at 2). He also challenges the legality of his arrest, the sufficiency of the prosecution’s evidence, and the effectiveness of appointed defense counsel. (Id. at 5-6). The petition must be dismissed, however, for at least three procedural deficiencies apparent on its face. See Rule 4 of Rules Governing Section 2254 Cases; L.R. 72-3.2. To begin with, the Court lacks jurisdiction under § 2254. Federal habeas relief under that provision is available only when a petitioner is being held “pursuant to the judgment of a State Court.” 28 U.S.C. §…