Kenneth L. Kimble v. R. Johnson

INTRODUCTION

19 Petitioner Kenneth L. Kimble (“Petitioner”), proceeding pro se, 20 constructively filed1 a Petition for Writ of Habeas Corpus, under 28 U.S.C. § 2254 21 (“Petition” or “Pet.”) challenging his conviction for attempted second-degree 22 robbery, second-degree robbery, and sending a false bomb. Electronic Case Filing 23 Number (“ECF No.”) 1, Pet. For the reasons discussed below, this Court denies 24 the Petition and dismisses the case without prejudice. 25 / / / 26

27 1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to 1 II. PROCEDURAL HISTORY 2 A. State Court Proceedings 3 On October 29, 2014, following a jury trial in the Los Angeles County 4 | Superior Court (“Trial Court”), Petitioner was convicted of attempted second 5 | degree robbery, in violation of §§ 664/211 of the California Penal Code; second 6 | degree robbery, in violation of § 211 of the California Penal Code; and sending a 7 | false bomb, in violation of § 148.1 of the California Penal Code. See California 8 | Superior Court Case No. BA410832.2 Petitioner was sentenced on February 13, 9 | 2015, to…