Torres

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARIO TORRES, Case No. 20-cv-03159-PJH Plaintiff, 8

ORDER DISMISSING PETITION WITH

9 v. LEAVE TO AMEND 10 SCOTT KERNAN, Re: Dkt. No. 2 Defendant. 11 12 13 Petitioner, a former California prisoner, filed a pro se petition for a writ of habeas 14 corpus pursuant to 28 U.S.C. § 2254. His conviction occurred in Contra Costa County, 15 which is in this district, so venue is proper here. See 28 U.S.C. § 2241(d). 16 BACKGROUND 17 Petitioner states that he pled guilty on February 5, 2015, and was resentenced on 18 October 3, 2018, without his knowledge or consent. Petition at 7. He states that during 19 the resentencing, restitution was imposed. Id. According to 2015 the written plea 20 agreement, petitioner initialed that he understood that conviction on the underlying 21 charge would require him to pay restitution. Id. at 20. Petitioner is no longer in custody. 22 Id. at 1. 23 DISCUSSION 24 …