Mark Anthony Jones v. Raymond Madden
Opinion
Trial Court Opinion
I.
INTRODUCTION
On August 8, 2019, Mark Anthony Jones (“Petitioner”) constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 challenging his 1999 conviction. The Petition appears subject to dismissal because it is second and successive. The Court will not make a final determination regarding whether the Petition should be dismissed, however, without giving Petitioner an opportunity to address this issue.
II.
PROCEDURAL HISTORY
On November 19, 1999, Petitioner was convicted of attempted murder in San Bernardino County Superior Court. Jones v. Runnels, EDCV 03-0557-MMM (FMO), Dkt. 33. The jury also found true the allegations that, in committing the crime, Petitioner (1) personally used a firearm; (2) intentionally and personally discharged a firearm; and (3) intentionally and personally discharged a firearm proximately causing great bodily injury to his victim. Id. Petitioner was sentenced to state prison for a term of 43 years to life. Id.
1 The Court takes judicial notice of its own records and files as well as Petitioner’s prior proceedings in the state courts. Fed. R. Evid. 201(b)(2); In re…