Lellen John Clarke v. Sheriff Ian Parkinson
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 Case No. CV 20-7889- ODW (MRW) KELLEN CLARKE,
ORDER DISMISSING ACTION
Petitioner,
WITHOUT PREJUDICE
v. SHERIFF PARKINSON, Respondent.
19 The Court dismisses Petitioner’s unexhausted and untimely 20 habeas corpus action without prejudice. 21 * * * 22 1. Petitioner Kellen Clarke is an inmate currently housed at the 23 San Luis Obispo County Jail. According to the petition he filed in this 24 action, Petitioner pled nolo contendere to drunk driving and related 25 charges. In September 2019, the trial court sentenced him to a four-year 26 prison term. (Petition at 2, exhibits.) Petitioner did not seek review of his 27 28 conviction or sentence in either the state appellate or supreme courts. (Petition at 2-3.) 2. In August 2020, Petitioner filed this habeas corpus action under 28 U.S.C. § 2254. The petition advances claims of impropriety at sentencing, ineffective assistance of counsel, and deficient medical care. * * * 3. If it…