Sundberg
Sundberg v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KELLY FRITHIOF SUNDBERG, Case No. 3:22-cv-1897-CAB-BLM
Petitioner,
SUMMARY DISMISSAL OF
v. SUCCESSIVE PETITION
PURSUANT TO 28 U.S.C.
JANINE WALLACE, Warden, et al., § 2244(b)(3)(A) GATEKEEPER Respondents. PROVISION 16 On November 30, 2022, Petitioner, currently in custody at Patton State Hospital after pleading guilty by reason of insanity, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. On December 5, 2022, the Court granted Petitioner’s request to proceed in forma pauperis but dismissed the Petition for failure to state a cognizable claim. ECF No. 4. The Court also noted that, while it was not entirely clear, it appeared Petitioner had previously challenged his detention under § 2254. Id. The Court gave Petitioner leave to file an amended petition and, after an extension of time, he did so on January 11, 2023. See ECF No. 8. For the reasons discussed below, this case…