Angel Sanchez v. Warden Teresa Cisneros

I. INTRODUCTION

On December 19, 2021, Petitioner constructively filed1 a First Amended Petition for Writ of Habeas Corpus by a Person in State Custody (“FAP”), under 28 U.S.C. § 2254 (“§ 2254”), challenging his 2019 conviction for kidnapping to commit rape, oral copulation, or sodomy; assault with intent to commit rape, oral copulation, or sodomy; carrying a dirk or dagger; resisting arrest; and dissuading a witness. Electronic Case Filing Number (“ECF No.”) 16, FAP at 2. The FAP raises five claims, and Petitioner attaches copies of his state court filings in the California Court of Appeal and California Supreme Court. ECF No. 16, FAP at 5-6 & Attachments 1-3.

District courts have a pre-service duty to screen and summarily dismiss habeas petitions that plainly show the petitioner is not entitled to habeas relief due to procedural or other defects. See Habeas Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foil. § 2254; Mayle v. Felix, 545 U.S. 644, 654 (2005) (holding that Habeas Rule 4 requires district court to summarily dismiss a § 2254 petition without ordering a responsive pleading if it plainly appears from the petition…