Joe Larry Bryant v. Warren L. Montgomery

Good Law
United States District Court, Central District of CaliforniaOctober 25, 20192:19-cv-08658California1,295 words

Opinion

Trial Court Opinion

BACKGROUND

On October 8, 2019, Petitioner, a California state prisoner proceeding pro se, filed an unsigned Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (the “Petition”). (Dkt. No. 1.) According to the unsigned Petition, Petitioner is challenging a May 2003 conviction for assault with a deadly weapon and, inter alia, robbery. (Petition at 2.) Petitioner was sentenced to 28 years in state prison. (Id.)

Petitioner states that he did not appeal his 2003 conviction and sentence because he did not learn until recently that his sentence was unlawful. (Petition at 3.) However, in the last year or two, Petitioner filed several state habeas petitions. (See Petition at 3-4.) On September 11, 2019, the California Supreme Court denied his last state habeas petition as untimely. (See Petition at 4- 5, 12)1; Bryant (Joe Larry) on H.C., No. S256223, Docket (Register of Actions), available at https://appellatecases.courtinfo.ca.gov (last visited Oct. 11, 2019). Shortly thereafter, on October 1, 2019, Petitioner delivered the instant Petition to prison authorities for mailing.

APPLICABLE LAW

Rule 4 of the Rules Governing Section 2254 Cases in the United States…

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