Raymond Jenkins v. Victorville Superior Court

INTRODUCTION

19 On January 15, 2021, petitioner Raymond Jenkins, a California state prisoner 20 proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State 21 Custody (“Petition”) under 28 U.S.C. § 2254. Petitioner challenges his 2020 conviction 22 for rape in San Bernardino County Superior Court. He asserts a single ground for habeas 23 relief, namely, that the accusation against him was false. 24 On February 12, 2021, the Court issued an Order to Show Cause Why Petition 25 Should Not Be Dismissed Due to Failure to Exhaust and Pending State Appeal, as Well 26 as Failure to Name a Proper Respondent (“OSC”). The Court noted that petitioner 27 effectively admitted he has not exhausted his state remedies for the one ground raised in 28 the Petition. He also indicated in the Petition that an appeal from his conviction was currently pending before the California Court of Appeal, which the Court noted could moot the instant Petition. Finally, the Court noted that a § 2254 habeas petition must name as respondent the state officer who has custody of the petitioner. The Court ordered petitioner to respond to the OSC by March 15, 2021, and…