Detrail Williams v. J. Castelo

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 DETRAIL WILLIAMS, ) Case No. CV 18-10358-SP ) Petitioner, ) MEMORANDUM OPINION AND ) ORDER GRANTING MOTION TO v. ) DISMISS ) )

J. GASTELO, Warden, )

) Respondent. ) ) ) 17 I. INTRODUCTION On December 7, 2018, petitioner constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”). Petitioner seeks to challenge his 2016 convictions for assault and battery on a peace officer in Los 23 24 1 Dates listed as “constructive” filing dates reflect the constructive filing date under the “mailbox rule.” Under the mailbox rule, “a legal document is deemed filed on the date a petitioner delivers it to the prison authorities for filing by mail.” Lott v. Mueller, 304 F.3d 918, 921 (9th Cir. 2002). Courts generally presume a 27 petition was delivered…