Koenig

BACKGROUND

21 Petitioner was convicted by a jury in the Madera County Superior Court of second-degree 22 murder. (ECF No. 1 at 31; LD2 1). Subsequently, Petitioner filed numerous post-conviction 23 collateral actions challenging his conviction. (LDs 3–22). On January 2, 2019,3 Petitioner 24 constructively filed a petition for relief pursuant to Senate Bill 1437 in the Madera County 25 1 Page numbers refer to ECF page numbers stamped at the top of the page. 2 “LD” refers to the documents lodged by Respondent on July 2, 2021. (ECF No. 23). 3 Pursuant to the mailbox rule, a pro se prisoner’s habeas petition is filed “at the time . . . [it is] delivered . . . to the prison authorities for forwarding to the court clerk.” Hernandez v. Spearman, 764 F.3d 1071, 1074 (9th Cir. 2014) (alteration in original) (internal quotation marks omitted) (quoting Houston v. Lack, 487 U.S. 266, 276 (1988). The mailbox rule applies to both federal and state habeas petitions. Campbell v. Henry, 614 F.3d 1056, 1059 (9th Cir. Superior Court, which denied the petition on February 13, 2019. (LDs 15, 16). Petitioner then filed a petition for writ of habeas corpus in the California Court of…