Dwayne Ellis v. William Joe Sullivan

O

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

DWAYNE ELLIS, Case No. CV 18-10801-DFM

Petitioner, OPINION AND ORDER

GRANTING MOTION TO DISMISS

v. AND DISMISSING PETITION

WILLIAM JOE SULLIVAN,

Respondent.

Dwayne Ellis (“Petitioner”) initiated this action by filing what the Ninth Circuit Court of Appeals has deemed a Petition for Writ of Habeas Corpus by a Person in State Custody challenging his conviction. See Dkt. 1 (“Petition”); Dkt. 2. Respondent has moved to dismiss, arguing that the sole claim presented is not cognizable. See Dkt. 8 (“Motion to Dismiss”). Petitioner filed an opposition. See Dkt. 12. The Court agrees with Respondent that the Petition does not present a cognizable claim.1 In 1995, a jury convicted Petitioner of corporal injury to a cohabitant, and the trial court sentenced him as a three-strikes offender to twenty-five years to life. See Lodged Document (“LD”) 1 at 1-2; LD 2 at 2. In 1998, Petitioner

1 Both parties have consented to proceed before a United States Magistrate Judge. See Dkt. 7, 10, 11. filed in this Court a habeas corpus petition, which was denied. See…