Torres

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIO TORRES, Case No. 20-cv-03159-PJH Plaintiff,

ORDER DISMISSING PETITION WITH

v. LEAVE TO AMEND SCOTT KERNAN, Re: Dkt. No. 2 Defendant. 11 12 Petitioner, a former California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. His conviction occurred in Contra Costa County, which is in this district, so venue is proper here. See 28 U.S.C. § 2241(d). BACKGROUND Petitioner states that he pled guilty on February 5, 2015, and was resentenced on October 3, 2018, without his knowledge or consent. Petition at 7. He states that during the resentencing, restitution was imposed. Id. According to 2015 the written plea agreement, petitioner initialed that he understood that conviction on the underlying charge would require him to pay restitution. Id. at 20. Petitioner is no longer in custody. Id. at 1. DISCUSSION …