Tracye Bernard Washington v. Stu Sherman

I.

INTRODUCTION

On February 22, 2020, Petitioner Tracye Benard Washington (“Petitioner”), an inmate at Substance Abuse Treatment Facility and State Prison (“SATF”) in Corcoran, 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 argues his due process rights have been violated by the continued delay of his parole hearing to which he claims entitlement pursuant to Proposition 57.2 Id. As discussed below, the Court orders Petitioner to show cause why the Petition should not be summarily dismissed for failure to state a cognizable habeas claim.

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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). 2 Proposition 57, The Public Safety and Rehabilitation Act of 2016, added a provision to California’s Constitution stating: “Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing…