Brandon Leon Bibbs v. Alex Villanueva
Opinion
trial_court Opinion
I.
INTRODUCTION
On May 16, 2021, Petitioner Brandon Leon Bibbs (“Bibbs”), who appears to be a detainee at Men’s Central Jail in Los Angeles, California, constructively filed1 a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 (“Section 2254”). ECF Docket No. (“Dkt.”) 1. Bibbs sets forth one ground for habeas relief: “The [P]etitioner has been deprived of his due process and equal protection of law to have assistance of counsel to his defense” in violation of his Sixth and Fourteenth Amendment rights. Id. at 2. As discussed below, the Court orders Bibbs to show cause why the Petition should not be dismissed (1) for failure to state a cognizable habeas claim or (2) because abstention is required under Younger v. Harris, 401 U.S. 37, 43-45 (1971) (“Younger”).
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1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010) (citation omitted).