Robert John Garcia v. The BPH Board of Parole Hearings

JS-6 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 11 ROBERT JOHN GARCIA, ) No. CV 20-08529-VBF (PLA) ) Petitioner, ) ) v. ) ORDER DISMISSING PETITION ) THE (BPH) BOARD OF PAROLE ) HEARINGS, et al., ) ) Respondents. ) ) I BACKGROUND Robert John Garcia (“petitioner”) initiated this action on September 15, 2020, by filing a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition”). Petitioner is currently in custody pursuant to his 1973 conviction for first- and second- degree murder (Cal. Penal Code § 187). (ECF No. 1). After reviewing the Petition, the Magistrate Judge issued an Order to Show Cause (“OSC”) on September 22, 2020. (ECF No. 4). In the OSC, the Magistrate Judge observed that,…