Russell Lee White v. Raymond Madden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 RUSSELL LEE WHITE, ) Case No. 2:19-cv-08940-SVW-JDE ) 12 Petitioner, ) ) ORDER SUMMARILY ) 13 v. ) DISMISSING PETITION ) 14 RAYMOND MADDEN, ) ) 15 Respondent. ) 16 Petitioner Russell Lee White (“Petitioner”) filed a pro se Petition for 17 Writ of Habeas Corpus by a Person in State Custody (“Petition” or “Pet.”) 18 pursuant to 28 U.S.C. § 2254, alleging that failure to apply California Senate 19 Bill (“SB”) 13911 retroactively and resentence him violates his due process and 20 equal protection rights. Dkt. 1. As the Petition appeared to be untimely on its 21 face, Petitioner was ordered to show cause why this action should not be 22 dismissed. Having considered Petitioner’s response, for the reasons discussed 23 below, the Court summarily dismisses the Petition as untimely. 24 25 1 In 2018, the California Legislature enacted SB 1391, which raises the minimum age 26 at which a juvenile may be tried in criminal court. SB 1391 “eliminates…