Iran Lamont Johnson v. Jim Robertson

I. INTRODUCTION

On July 30, 2022, Petitioner constructively filed1 a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”), under 28 U.S.C. § 2254, challenging his 1997 conviction for robbery, torture, and firearm use. Electronic Case Filing Number (“ECF No.”) 1, Petition at 2. The Petition raises five claims for relief: (1) Trial counsel was ineffective for failing to thoroughly investigate the case; (2) Trial counsel was ineffective during closing argument; (3) Petitioner is innocent of torture; (4) The state court violated his due process rights by denying his request for transcripts; and (5) The government violated his constitutional rights by suppressing exculpatory and impeaching evidence. Id., Petition at 12-40. Petitioner also attached copies of several of his state court filings in the Los Angeles County Superior Court, the California Court of Appeal, and the California Supreme Court. Id., Petition, Exh. A.

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…