Booker v. Koury

• Decision Date: 31 October 2022
• Docket Number: 2:22-cv-06053-SPG-JC
• Parties: DONALD E. BOOKER, Petitioner, v. ATTORNEY JOEL CHRISTIAN KOURY, Respondent.
• Court: U.S. District Court — Central District of California

DONALD E. BOOKER, Petitioner,
v.
ATTORNEY JOEL CHRISTIAN KOURY, Respondent.

No. 2:22-cv-06053-SPG-JC

United States District Court, C.D. California

October 31, 2022

ORDER TO SHOW CAUSE WHY THE PETITION FOR WRIT OF HABEAS CORPUS AND THIS ACTION SHOULD NOT BE DISMISSED

HONORABLE JACQUELINE CHOOLJIAN UNITED STATES MAGISTRATE JUDGE

I. SUMMARY

On August 22, 2022, petitioner Donald E. Booker, a state prisoner who is proceeding pro se and has since been granted leave to proceed in forma pauperis, filed a Petition for Writ of Habeas Corpus by a Person in State Custody with attachments (“Petition”) pursuant to 28 U.S.C. § 2254. (Docket Nos. 1, 5). The Petition is quite difficult to understand but, construed liberally, appears to raise claims of ineffective assistance of counsel and to challenge petitioner's conviction and/or sentence in Los Angeles County Superior Court Case No. GA099455-01 (“State Case”), following resentencing proceedings. See Petition at 2-5, 35-39.^[1]

1

Petitioner purports to name as respondent Joel Christian Koury, the appointed defense counsel who represented petitioner in the State Case. (Petition at 1, 13-33, 37-39). Petitioner asserts that he has not had law library or “materials” access, and the form for the Petition he filed is the only form he has to seek relief. (Petition at 7). Petitioner has not specified what relief, if any, he seeks from this Court.

As the Petition is deficient in multiple respects, including those detailed below, petitioner is Ordered to Show Cause why the Petition and this action should not be dismissed without prejudice.

II. PROCEDURAL HISTORY AND BACKGROUND CONCERNING THE STATE CASE^[2]

On October 18, 2017, a jury in the State Case convicted petitioner on charges of assault with a deadly weapon, attempted murder, and mayhem, and found true allegations that petitioner personally inflicted great bodily injury. See Petition at 15; People v. Booker, 2019 WL 2067265, at *1 (Cal.Ct.App. May 10, 2019) (order summarizing history). The trial court sentenced petitioner to 45 years to life in state prison. (Id.).

Petitioner appealed, raising multiple claims of trial court error. On May 10, 2019, in Case No. B286842, the California Court of Appeal, Second Appellate District (“Court of Appeal”) conditionally reversed the judgment and remanded the case for further proceedings. See People v. Booker, 2019 WL 2067265, at *15 (order conditionally reversing judgment and remanding to the trial court to consider whether to exercise discretion to strike sentence enhancements under Cal. Penal Code § 667(a),

2

and to conduct a diversion eligibility hearing under Cal. Penal Code § 1001.36)). The People petitioned the California Supreme Court for review in Case No. S256078, which was granted and on July 31, 2019. On July 29, 2020, the California Supreme Court dismissed the matter and on August 19, 2020, the Court of Appeal issued a remittitur.

On remand, the trial court held a hearing on October 14, 2021, at which Mr. Koury represented petitioner. (Petition at 23-33). The trial court set a mental health diversion and resentencing hearing for November 15, 2021. (Petition at 31-33). While there are several notations in the State Case docket re “further proceedings” since the November 15, 2021 hearing date, there is no detail about what transpired in those proceedings, and no information about whether petitioner was resentenced or the outcome of any mental health diversion hearing.

On July 21, 2022, Mr. Koury filed a Notice of Appeal regarding an order or judgment...