Barno

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 RODNEY B. BARNO, Case No. 19-cv-08144-WHO (PR)

Petitioner, 12

ORDER OF DISMISSAL

v. 13

14 CRAIG KOENIG, Dkt. Nos. 2, 6 Respondent. 15

16 17 Petitioner Rodney Barno seeks federal habeas relief under 28 U.S.C. § 2254 on 18 grounds that the state courts violated his constitutional rights when they dismissed as moot 19 his habeas petition in which he objected to state regulations that barred him from 20 petitioning for resentencing under Proposition 57. More specifically, he alleges that the 21 state courts’ dismissal of his petition without ruling on the underlying merits of his 22 Proposition 57 claims violated his federal constitutional rights. Because errors in state 23 post-conviction review process are not remediable on federal habeas review, the petition 24 will be dismissed. 25 In 2005, Barno was convicted by a San Diego County Superior Court jury of 26 making criminal threats, vandalism, criminal harassment, and harassment by phone. (Pet., 27 Dkt. No. 1 at 1-2.) He received a sentence of 50…