(HC) Dunlap v. The Superior Court of San Bernardino County

Good Law
United States District Court, Eastern District of CaliforniaJune 23, 20222:22-cv-01050California312 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERMAINE JOSEPH DUNLAP, No. 2:22-cv-1050 AC P Petitioner, v. ORDER SUPERIOR COURT OF SAN BERNARDINO COUNTY, et al., 15 Respondents.

17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is presently incarcerated at R.J. Donovan Correctional Facility in San Diego County and is serving a sentence for a conviction rendered by the San Bernardino County Superior Court. Though it is not clear, the petition appears to challenge the denial of a petition for resentencing. Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of confinement have concurrent jurisdiction over applications for habeas corpus filed by state prisoners. Because petitioner was not convicted in this district, and is not presently confined here, this court does not have jurisdiction to entertain the application. It further appears that…

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