Madden
Rayon Jones v. Madden
Opinion
Trial Court Opinion
I.
INTRODUCTION
Petitioner Rayon Jones (“Petitioner”), proceeding pro se, constructively filed1 a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 (“section 2254”). ECF Docket No. (“Dkt.”) 1. The Petition appears untimely. However, the Court will not make a final determination regarding whether the Petition should be dismissed without giving Petitioner an opportunity to explain why the Petition is not untimely.
II.
PROCEDURAL HISTORY
On November 25, 2019, Petitioner was convicted of Cal. Pen. Code § 211. Id. at 2. Though the Petition indicates that Petitioner appealed his conviction, the information provided for Petitioner’s appeals is identical to that provided for Petitioner’s state habeas Petitions. Id. at 2–5. Thus, it is unclear whether Petitioner appealed his conviction, filed habeas petitions in state court, or both.
Petitioner indicates he filed a habeas petition in “CCB court Los Angeles” on June 24, 2021.2 Id. A case search on the California Courts Appellate Courts Case Information website reveals that: (1) on July 12, 2021, Petitioner filed a petition for writ of habeas corpus in the Court of Appeal,…