John Richard Pokras v. Lancaster State Prison

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JOHN RICHARD POKRAS, Case No. 2:21-cv-00978-JVS (GJS) Petitioner

ORDER: DISMISSING PETITION

v. FOR WRIT OF HABEAS CORPUS

WITHOUT PREJUDICE; AND

LANCASTER STATE PRISON, DENYING CERTIFICATE OF

SUPERIOR COURT OF APPEALABILITY

CALIFORNIA, LOS ANGELES,

Respondents.

On February 1, 2021, Petitioner, a state prisoner, filed a 28 U.S.C. § 2254 habeas petition [Dkt. 1, “Petition”]. Petitioner names as Respondents his present correctional institution and the Los Angeles County Superior Court. The Petition relates to a restitution fine situation. Petitioner alleges that on an unspecified date (apparently in 2019) he filed a petition to modify a restitution fine imposed under California Penal Code § 1202.4 when he was sentenced, and the trial court granted the petition on June 17, 2019. A copy of the trial court’s minute order is attached to the Petition (at p. 9) and indicates that the trial court ordered the Section 1202.4…