Marcus R. Ellington, Sr. v. Secretary of the Department of Corrections and Reh.

I.

INTRODUCTION

On November 12, 2019, Petitioner Marcus R. Ellington (“Petitioner”), an inmate at California State Prison – Los Angeles County in Lancaster, California, constructively filed1 a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. See Dkt. 1, Pet. Petitioner appears to be challenging a January 6, 2019 prison disciplinary decision removing him from the prison’s Kosher Diet Program. As discussed below, the Court orders Petitioner to show cause why his Petition should not be summarily dismissed for failure to state a cognizable habeas claim.

II.

BACKGROUND

On October 1, 2017, after a jury trial in Los Angeles County Superior Court, Petitioner was convicted of “criminal threat; sexual battery; weapon possession.” Dkt. 1 at 2. On April 20, 2018, Petitioner was sentenced to “55 years to life.” Id.

1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010) (citation omitted). On November 12, 2019, Petitioner filed the instant Petition pursuant to…