Christopher Ndiagu v. Patrick Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CHRISTOPHER NDIAGU, ) Case No. 2:19-cv-06074-JDE ) Petitioner, ) ) MEMORANDUM OPINION AND v. ) ) ORDER GRANTING MOTION TO ) DISMISS, IN PART, AND DISMISSING MARCUS POLLARD, Acting )
PETITION
) Warden, ) ) Respondent. ) I. BACKGROUND On July 4, 2019,1 Petitioner Christopher Ndiagu constructively filed a pro se Petition for Writ of Habeas Corpus by a Person in State Custody with supporting exhibits (“Petition” or “Pet.”) pursuant to 28 U.S.C. § 2254. Dkt. 1.
1 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 24 F.3d 918, 921 (9th Cir. 2002). Here, the parties disagree regarding the applicable “deemed filed” dates. Petitioner relies on the signature dates and proofs of service, while Respondent relies on the…