Donald K Cherry Jr v. The People

CIVIL MINUTES – GENERAL

Case No.: 2:21-cv-06246-DMG-MAA Date: August 5, 2021 Title: Donald K. Cherry Jr. v. People

Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge

James Muñoz N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Respondent:

N/A N/A

Proceedings (In Chambers): Order to Show Cause Why Petition Should Not Be Dismissed

On July 30, 2021, the Court received and filed Petitioner Donald Cherry Jr.’s (“Petitioner”) pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (“Section 2254”). (“Petition”). (Pet., ECF No. 1.) Petitioner challenges a 2019 judgment of conviction for attempted robbery sustained in the Los Angeles County Superior Court. (Id. at 2.) He raises one ground for federal habeas relief, arguing that he is entitled to resentencing under a recently-enacted California statute. (Id. at 5–6.)

It appears that the instant Petition challenges the same judgment of conviction that is the subject of Petitioner’s other Section 2254 action pending before this Court: Cherry v. Holm, No.…