Jose Mitchell v. R. C. Johnson

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JOSE MITCHELL, Case No. 2:20-cv-05358-MWF-KES Petitioner, v. ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE

R. C. JOHNSON, Warden,

DISMISSED WITHOUT PREJUDICE

Respondent. 16 17 I. BACKGROUND On June 16, 2020, the Court received a petition for writ of habeas corpus by a person in state custody under 28 U.S.C. § 2254 (“Petition” at Dkt. 1) filed by Jose Mitchell (“Petitioner”). The Petition challenges Petitioner’s convictions for conspiracy, second degree robbery, and attempted second degree robbery in Los Angeles Superior Court case no. YA091753. (Pet. at 2 ¶ 2.) The Court construes the Petition as raising the same claims that Petition raised on direct appeal, which are as follows: Ground One: Petitioner’s rights to due process and an impartial jury 28 were violated because the jury panel was tainted by comments and discussions about his probation violation…