Michael Allen v. Ralph M. Diaz

CIVIL MINUTES – GENERAL

Case No.: 2:20-cv-06241-SVW-MAA Date: August 11, 2020 Title: Michael Allen v. Ralph M. Diaz

Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge

James Muñoz N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendants:

N/A N/A

Proceedings (In Chambers): Order re: Filing of Petition

On July 10, 2020, the Court received and filed Petitioner Michael Allen’s pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (“Petition,” ECF No. 1.) The Petition raises two grounds for federal habeas relief: (1) a Fourteenth Amendment Equal Protection claim challenging his 1992 California conviction and sentence based on a 2018 state legislative amendment to his statute of conviction; and (2) a Fourteenth Amendment Equal Protection claim challenging the California state courts’ recent denials of habeas relief. (Id. at 5, 12–29.)

The Petition suffers from certain procedural defects that must be resolved before Petitioner may proceed with this action. These defects are listed below. The Court…