Michael M. v. Superior Court CA5

Filed 8/15/24 Michael M. v. Superior Court CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

MICHAEL M.,

Petitioner, F088212

v. (Super. Ct. No. 23CEJ300095-1)

THE SUPERIOR COURT OF FRESNO COUNTY, OPINION Respondent;

FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ. Mary Dolas, Judge. Michael M., in pro. per., for Petitioner. No appearance for Respondent. Daniel C. Cederborg, County Counsel, and Lisa R. Flores, Deputy County Counsel, for Real Party in Interest. -ooOoo-

* Before Detjen, Acting P. J., Franson, J. and DeSantos, J.

Petitioner Michael M. (father), in propria persona, seeks an extraordinary writ (Cal. Rules of Court,1 rule 8.452) from the juvenile court’s order setting a Welfare and Institutions Code2 section 366.26 hearing for September 18, 2024, as to his minor son, X.M. We conclude father’s petition fails to comport with the procedural requirements of rule 8.452 regarding extraordinary writ petitions and dismiss the petition. FACTUAL AND PROCEDURAL SUMMARY On April 11, 2023, the Fresno County Department of Social Services (department) filed a juvenile dependency petition on behalf of then six-year-old X.M. alleging he came within the juvenile court’s jurisdiction under section 300, subdivision (b)(1). X.M. resided with his mother, J.C. (mother),3 before he was detained and placed in foster care. Mother was alleged to have a substance abuse problem with methamphetamine, marijuana, and alcohol, which negatively affected her ability to provide regular care, supervision, protection, and a safe and clean home environment for X.M. Father was listed as the biological father4 and was in prison custody. X.M. was ordered detained from mother on April 12, 2023. Ahead of the combined jurisdiction/disposition hearing, the department recommended that (1) the petition be found true, (2) X.M. be adjudged a dependent of the court, (3) mother be provided reunification services, and (4) father be denied