David G. Mountford v. The People

I.

INTRODUCTION

Petitioner David Mountford (“Petitioner”) has filed a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. It appears, however, the Petition is subject to dismissal for lack of jurisdiction. The Court will provide Petitioner an opportunity to address this issue before making a final determination regarding whether the Petition should be dismissed.

II.

BACKGROUND

A. STATE COURT PROCEEDINGS

On September 11, 2003, Petitioner pled guilty in the Los Angeles County Superior Court to petty theft and false personation of another. Dkt. 1, Pet. at 1. The trial court sentenced Petitioner to three years in prison on the petty theft count and a concurrent term of two years on the false personation count. Id. Petitioner states he has “already served” his sentence resulting from the September 11, 2003 conviction. Id.

Following his conviction and sentencing, Petitioner filed a direct appeal in the California Court of Appeal. See People v. Mountford, No. B172092, 2005 WL 2158817, at *1 (Cal. Ct. App. Sept. 8, 2005). On September 8, 2005, the California Court of Appeal affirmed the judgment. Id. It does not appear Petitioner sought…