John Richard Pokras v. Superior Court of Los Angeles

Good Law
United States District Court, Central District of CaliforniaMay 20, 20212:21-cv-03545California5,138 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 JOHN RICHARD POKRAS, Case No. 2:21-cv-03545-JVS (GJS) Petitioner

ORDER: SUMMARILY

v. DISMISSING PETITION; AND

DENYING A CERTIFICATE OF

SUPERIOR COURT OF LOS APPEALABILITY

ANGELES,

15 Respondent. 16 17 On April 23, 2019, Petitioner filed a 28 U.S.C. § 2254 habeas petition in this District Court [Dkt. 1,“Petition”]. The Petition stems from Petitioner’s state criminal sentence and, possibly, from the COVID pandemic, as discussed below [Petition at 3.]1 Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts requires summary dismissal of Section 2254 petitions “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, 28 U.S.C. foll. § 2254. The Court has carefully considered the Petition and related documents filed by Petitioner, as well as the record, and finds that summary dismissal of this action, without prejudice, is required. …

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