Bobby Fontalvo v. Stu Sherman

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 Case No. ED CV 20-106 RSWL BOBBY FONTALVO, (MRW) Petitioner, ORDER DISMISSING HABEAS

ACTION WITHOUT PREJUDICE

v. STU SHERMAN, WARDEN, Respondent. 18 The Court dismisses this habeas action without prejudice for failure to prosecute and for lack of federal jurisdiction. * * * 1. This is a habeas action involving a state prisoner. In 2013, Petitioner pled guilty to attempted murder. The trial court sentenced Petitioner to term of 15 years in prison. 2. At some later time, Petitioner challenged his sentence in state court based on the enactment of new state law. Although not entirely clear

In his petition, Petitioner claimed that he was convicted in 1982. A closer review of the attachments to his pro se petition reveals that this was the year of his birth, not of his conviction. (Docket # 1 at 32.) from the face of the petition, Petitioner apparently did not seek review of the…