Austin v. State of California, San Francisco Superior Court

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

Plaintiff,

ORDER DISMISSING PETITION

v. WITH PREJUDICE

STATE OF CALIFORNIA, SAN FRANCISCO SUPERIOR COURT, et al., 12 Defendants. 13 Petitioner Gregory Austin seeks a writ of habeas corpus under 28 U.S.C. § 2254, challenging the validity of a domestic violence protective order which prevents him from engaging in certain activities, including communicating with or being within 100 yards of his former spouse and son (“Protected Parties”). 28 U.S.C. § 2254 Rule 4 requires district courts to conduct a preliminary review of a habeas corpus petition and dismiss it if “it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court . . . .” Such dismissal is warranted if it is “patently apparent” that the court does not have subject matter jurisdiction. Cephas v. Nash, 328 F.3d 98, 103 (2d Cir. 2003). For a district court to…