Jacob Andrew Bergeron v. Kiry K. Gray

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 10 JACOB ANDREW BERGERON, Case No. CV 20-06760 VBF (RAO)

Petitioner,

MEMORANDUM AND ORDER

v. RE SUMMARY DISMISSAL OF

PETITION FOR WRIT OF

KIRY K. GRAY, et al., HABEAS CORPUS AND DENIAL

OF CERTIFICATE OF

Respondents. APPEALABILITY 15 16 On August 9, 2020, Petitioner Jacob Andrew Bergeron (“Petitioner”), who is 17 proceeding pro se, filed the instant Petition for Writ of Habeas Corpus (“Petition”), 18 in which he alleges that Respondents’ failure to file one of his previous habeas corpus 19 petitions violated his federal due process right to be free of restraint and his First 20 Amendment rights of access to the courts and to petition the government. For the 21 following reasons, the Petition is dismissed with prejudice. 22 Under Rule 4 of the Rules Governing Section 2254 Cases in the United States 23 District Courts, the Court may dismiss a petition “[i]f it plainly appears from the 24 petition and any attached exhibits that the petitioner is not entitled to relief in the 25 district court.” 26 As a threshold matter, Petitioner…