Jimmy M. Garcia v. B. Cates

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

JIMMY M. GARCIA, Case No. 2:21-cv-07099-MWF (GJS)

Petitioner

v. ORDER: SUMMARILY

DISMISSING PETITION

B. CATES, WITHOUT PREJUDICE; AND

DENYING CERTIFICATE OF

Respondent. APPEALABILITY

This 28 U.S.C. § 2254 habeas action commenced on August 30, 2021, when a habeas petition submitted by Petitioner was formally filed in the United States District Court for the Eastern District of California [Dkt. 1, the “Petition”]. On the next day, the Petition was transferred to this District. The Petition challenges Petitioner’s 2016 conviction in Orange County Superior Court Case No. 13HF3631 and his related sentence. [Petition at 1.] Pursuant to Rule 201(b) and (c) of the Federal Rules of Evidence, the Court takes judicial notice of the dockets and records available online for the Orange County Superior Court, the California Court of Appeal, and the California Supreme Court. …