Calvin L. Sharp, Jr. v. Kathleen Allison

1 2 O 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 CALVIN LEONARD SHARP JR., Case No. 2:21-CV-08846 GW (KES)

Petitioner,

ORDER DISMISSING HABEAS

v. PETITION AS SUCCESSIVE

KEN CLARK, Warden,1 Respondent.

17 In November 2021, Calvin Leonard Sharp Jr. (“Petitioner”) filed a Petition for Writ of Habeas Corpus by a Person in Federal Custody, pursuant to 28 U.S.C. § 2241, in the Eastern District of California. (Dkt. 1 [“Petition”].) On November 10, 2021, the Eastern District transferred the case to the Central District. (Dkt. 2, 3.) Because Petitioner is in state custody and is challenging the legality of his state court conviction and sentence (see Pet. at 1, 3), the Court construes the Petition as a Petition for Writ of Habeas Corpus by a Person in State Custody, pursuant to 28 U.S.C. § 2254. See Moore v. Reno, 185 F.3d 1054, 1055 (9th Cir. 1999) (“[A] state habeas petitioner may not avoid the limitations imposed on successive

27 1 Ken Clark, Warden at California State…