Jonathan Daveilo Duke v. Josie Gastelo

Good Law
United States District Court, Central District of CaliforniaApril 30, 20202:19-cv-04712California732 words

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.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No.: …

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