Kelsey Dru Gleghorn v. Jose Gastlo

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2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 11 KELSEY DRU GLEGHORN, ) No. CV 20-5942-CJC (PLA) ) Petitioner, ) ) ORDER DISMISSING PETITION v. ) WITHOUT PREJUDICE ) JOSIE GASTELO, Warden, ) ) Respondent. ) ) 17 I. BACKGROUND Kelsey Dru Gleghorn (“petitioner”) initiated this action on June 30, 2020, by filing a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C § 2254 (the “instant Petition”). Petitioner was convicted in 2004 in the Ventura County Superior Court of first degree burglary (Cal. Penal Code § 459). He also had three prior serious or violent convictions under California’s Three Strikes Law (Cal. Penal Code §§ 667, 1170.12), and was sentenced to state prison for a term of forty years to life. (ECF No. 1 at 2; Case No. CV 16-8126-CJC (PLA), ECF No. 15 at 2). In the instant Petition, petitioner asserts two…