Thyrone Ryan Stewart v. Rob Bonta

BACKGROUND

On January 13, 2023, Petitioner, a California state prisoner proceeding pro se, filed a letter accompanied by a “Request for a Speaking Motion and Judicial Notice” in the United States District Court for the Southern District of California. (Dkt. No. 1.) The documents, taken together, were construed as a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254 (“Petition”), and on January 25, 2023, the Petition was transferred to the Central District of California and assigned its current case number. (Dkt. Nos. 1-3.) On March 6, 2023, the assigned District Judge dismissed this action without prejudice because Petitioner failed to pay the filing fee or request in forma pauperis status. (Dkt. No. 7.) Petitioner subsequently filed a motion for reconsideration arguing that he attempted to pay the filing fee but that it was not received or credited. (Dkt. No. 8.) On March 26, 2024, the District Judge granted the motion for reconsideration and reopened this action. (Dkt. No. 10.) On April 17, 2024, Petitioner paid the filing fee. (Dkt. No. 11.) Petitioner is currently serving a “three strikes” sentence of 51 years to life pursuant to…