Austin v. State of California, San Francisco Superior Court

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 GREGORY A. AUSTIN, Case No. 20–cv–00900–CRB

Plaintiff,

ORDER DISMISSING PETITION FOR

v. WRIT OF HABEAS CORPUS

STATE OF CALIFORNIA, SAN FRANCISCO SUPERIOR COURT, et al., 12 Defendants.

14 Petitioner Gregory Austin seeks a writ of habeas corpus under 28 U.S.C. § 2254, 15 challenging the validity of a domestic violence protective order which prevents him from engaging 16 in certain activities, including communicating with or being within 100 yards of his former spouse 17 and son (“Protected Parties”). 28 U.S.C. § 2254 Rule 4 requires district courts to conduct a 18 preliminary review of a habeas corpus petition and dismiss it if “it plainly appears from the 19 petition and any attached exhibits that the petitioner is not entitled to relief in the district 20 court . . . .” Such dismissal is warranted if it is “patently apparent” that the court does not have 21 subject matter jurisdiction. Cephas v. Nash, 328 F.3d 98, 103 (2d Cir. 2003). For a district court 22 to have…