Demetrius King Brashear v. Robert Luna

I. INTRODUCTION

18 On July 10, 2024, Demetrius King Brashear (“Petitioner”), a state prisoner 19 proceeding pro se, constructively filed a Petition for Writ of Habeas Corpus 20 (“Petition”) pursuant to 28 U.S.C. § 2254. (ECF No. 1 (“Pet.”).) The Petition 21 states that Petitioner was sentenced in Los Angeles County Superior Court on 22 September 20, 2023. (Pet. at 2.) Attached to the Petition are documents related to 23 24 25 1 Under the “mailbox rule,” when a pro se petitioner gives prison or jail authorities a pleading to mail to court, the court deems the pleading constructively filed on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010). Here, the Petition was filed in this Court on August 2, 2024. 2 The Court refers to the Petition by using the page numbers assigned by the CM- ECF system. that criminal case, which underlies this Petition, and Petitioner’s medical records. (Pet. at 16-83.) As grounds for relief, Petitioner alleges that he was denied his mental health medication for a lengthy period of time while incarcerated at a California state prison, the jury in his criminal case was tainted, his…