Marcelle Franklin v. People of the State of California

CIVIL MINUTES – GENERAL

Case No. CV 20-5224 JGB (PVC) Date: June 23, 2020 Title Marcelle Franklin v. People of the State of California

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

THE PETITION BE DISMISSED FOR LACK OF

JURISDICTION

On June 2, 2020, Petitioner Marcelle Franklin (“Petitioner”), a California state prisoner proceeding pro se, constructively filed a habeas petition pursuant to 28 U.S.C. § 2254. (“Petition,” Dkt. No. 1).1 The Petition puts at issue the restitution fines imposed in two separate matters: (1) a $1,000 restitution fine pursuant to his 2012 conviction for attempted murder, possession of a firearm, and assault with a firearm in Los Angeles County Superior Court case number TA114379; and (2) a $700 restitution fine pursuant to a separate conviction for assault with a deadly weapon on a peace officer in 2003…