Ricardo Garcia v. W.L. Montgomery

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 RICARDO GARCIA, Case No. 2:22-cv-06737-MEMF (MAR) Petitioner, MEMORANDUM AND ORDER

DISMISSING CASE

v. W.L. MONTGOMERY, Respondent. 15 16 I. INTRODUCTION On September 5, 2022, Petitioner Ricardo Garcia (“Petitioner”), proceeding pro se, constructively filed1 a Petition for Writ of Habeas Corpus (“Petition”). ECF Docket No. (“Dkt.”) 1. On September 21, 2022, this Court issued an Order explaining that the Petition appeared unexhausted, and that, from the context of the Petition, it appears that Petitioner may have intended to file the Petition in state court. Dkt. 4. The Order directed Petitioner to clarify his intention. Id. Petitioner did not respond. On November 7, 2022, the Court issued an Order to 25

1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is…