Devin Lee Rintye v. Warden of California Health Care Facility

Case 5:21-cv-01544-CJC-PVC Document Filed 01/19/ Page1ofi1 Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL

Case No. _ EDCV 21-1544 CJC (PVC) Date: January 19, 2022 Title Devin Lee Rintye v. Warden of California Health Care Facility

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

THIS ACTION BE DISMISSED AS UNTIMELY

On September 6, 2021, Devin Lee Rintye (“Petitioner’’), a California state prisoner proceeding pro se, constructively filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.! (“Petition,” Dkt. No. 1). Petitioner raises three claims arising from his 2007 guilty plea to voluntary manslaughter with the use of a firearm: (1) trial counsel was ineffective, (id. at 5); (2) the trial judge did not state on the…