Darrion Gee Broomfield v. Josie Gastelo
Opinion
Trial Court Opinion
CIVIL MINUTES - GENERAL
Case No. 5:20-cv-1901-SK Date December 18, 2020 Title Darrion Gee Broomfield v. Josie Gastelo
Present: The Honorable Steve Kim, U.S. Magistrate Judge Erica Valencia n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY PETITION
SHOULD NOT BE DISMISSED
In September 2020, Petitioner, a California state prisoner, filed a first amended petition under 28 U.S.C. § 2254, challenging his 2019 convictions for domestic violence and resisting a peace officer. (ECF 4). In November 2020, Respondent moved to dismiss the petition, arguing (among other things) that it does not meet § 2254’s jurisdictional “in custody” requirement because the sentences for Petitioner’s 2019 convictions expired well before he filed the petition. (ECF 9). Petitioner’s opposition to that motion was due December 7, 2020, but none has been filed. Failure to timely oppose a motion to dismiss may be deemed consent to the granting of the motion. See L.R. 7-12. …