Jasmine Benard Austion v. Alex Villaneuva
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JASMINE BENARD AUSTION, Case No. 2:20-cv-10898-ODW (AFM) Petitioner,
ORDER TO SHOW CAUSE WHY
13 v. PETITION SHOULD NOT BE DISMISSED
SHERIFF ALEX VILLANEUVA,
15 Respondent. 16 17 Petitioner filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on November 20, 2020. According to the petition, Petitioner is currently in state custody awaiting a criminal trial on charges of domestic violence, rape, and resisting arrest. (ECF No. at 2.) Petitioner alleges that he was denied his constitutional rights by (1) the trial court’s denial of a motion to exclude the victim’s inconsistent statements and (2) the trial court’s denial of him motion to dismiss the case. (ECF No. 1 at 5.) Petitioner previously filed a habeas corpus petition in this Court, in which he also sought to enjoin the same state court criminal proceedings. Case No. 2:20-cv- 08741-ODW(AFM). In the prior petition, Petitioner…