Warden

Devin Michael Smith v. Warden

Good Law
United States District Court, Central District of CaliforniaApril 14, 20205:20-cv-00729California1,608 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 DEVIN MICHAEL SMITH, Case No. 5:20-cv-00729-DSF (AFM) Petitioner,

ORDER SUMMARILY

v. DISMISSING PETITION FOR WARDEN, WRIT OF HABEAS CORPUS (28 U.S.C. § 2254) Respondent. 16 On April 9, 2020, Petitioner, who is currently in the Metropolitan State 17 Hospital undergoing competency proceedings, filed this petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. As explained below, the petition is subject to 19 summary dismissal without prejudice.

PETITIONER’S ALLEGATIONS

21 According to Petitioner, beginning January 2017, someone initiated an attack 22 upon him using electronic audio equipment. (ECF No. 1 at 1.) Since that time, an 23 “audio communications and bio-technology operator is using technology to harass 24 [Petitioner] and conduct unauthorized psycho-analyst research.” (ECF No. 1 at 10.) 25 This research is being “conducted by an unknown source that uses technology to play 26 audio messages 24 hours a day and 7…

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