Darryl Lynn Davis v. Josie Gastello

Good Law
United States District Court, Central District of CaliforniaSeptember 15, 20212:21-cv-02101California1,307 words

Opinion

Trial Court Opinion

1 JS-6 3 4 5

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

8 9 DARRYL LYNN DAVIS, Case No. 2:21-2101-VBF (MAR) Petitioner, v. ORDER SUMMARILY DISMISSING

ACTION WITHOUT PREJUDICE

JOSIE GASTELLO,

14 Respondent. 16 17 On February 18, 2021, Darryl Lynn Davis (“Petitioner”), proceeding pro se, constructively filed1 a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 (“section 2254”) in the Central District of California, challenging his 2004 conviction for two (2) counts of attempted murder. ECF Docket No. (“Dkt.”) 1. The Court issued an Order to Show Cause why Petition should not be Summarily Dismissed as Untimely or Second and Successive (“OSC”). On May 4, 2021, Petitioner filed a Response to the Court’s OSC. Dkt. 7. Petitioner’s response to the OSC fails to cure the deficiencies identified by the Court. 27 1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to…

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