Barno

Barno v. Koenig

Good Law
United States District Court, Northern District of CaliforniaMarch 20, 20203:19-cv-08144California907 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 RODNEY B. BARNO, Case No. 19-cv-08144-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v.

CRAIG KOENIG, Dkt. Nos. 2, 6 Respondent.

16 Petitioner Rodney Barno seeks federal habeas relief under 28 U.S.C. § 2254 on grounds that the state courts violated his constitutional rights when they dismissed as moot his habeas petition in which he objected to state regulations that barred him from petitioning for resentencing under Proposition 57. More specifically, he alleges that the state courts’ dismissal of his petition without ruling on the underlying merits of his Proposition 57 claims violated his federal constitutional rights. Because errors in state post-conviction review process are not remediable on federal habeas review, the petition will be dismissed. In 2005, Barno was convicted by a San Diego County Superior Court jury of making criminal threats, vandalism, criminal harassment, and harassment by phone. (Pet., Dkt. No. 1 at 1-2.) He received a sentence of 50…

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