Jonathan Daveilo Duke v. Josie Gastelo
Opinion
Trial Court Opinion
I. INTRODUCTION
Pending before the Court is a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”), filed by Petitioner Jonathan Daveilo Duke (“Petitioner”), a California state prisoner, through counsel. [Dkt. No. 1]. The Court’s review reveals that the Petition is subject to dismissal because an appeal is currently pending before the California Court of Appeal which may moot the instant federal Petition. The Court will not make a final determination regarding whether the federal Petition should be dismissed, however, without giving Petitioner an opportunity to address this issue. For the reasons discussed below, Petitioner is ORDERED TO SHOW CAUSE in writing by May 21, 2020 why the instant Petition should not be dismissed.
II. RELEVANT BACKGROUND
On January 2, 2019, Petitioner filed a petition for resentencing in Los Angeles County Superior Court, pursuant to California Penal Code § 1170.95. [Dkt. No. 14, p. 3]. The Superior Court denied the petition. [Id.].
1 All citations to electronically-filed documents refer to the CM/ECF pagination.