Freddy R. Jackson Jr. v. Robert Neuschmid
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 Case No. CV 19-8231 RGK (MRW) FREDDY R. JACKSON,
ORDER DISMISSING ACTION
Petitioner,
WITH PREJUDICE
v. ROBERT NEUSCHMID, Warden, Respondent.
19 The Court grants the California Attorney General’s motion to dismiss 20 this habeas corpus action as untimely, Tollett-barred, and unexhausted. 21 28 U.S.C. §§ 2244, 2254. 22 * * * 23 1. In 2016, Petitioner pled guilty to a felony theft charge in 24 Riverside Superior Court. The felony complaint listed five prior robbery 25 and sexual assault “strike” convictions. (Docket # 18-1 at 7.) 26 27 28 2. According to the guilty plea form, Petitioner faced a maximum term of 51 years to life in prison. However, under the plea agreement, he received a sentence of five years in custody. (Docket # 18-1 at 15, 79.) 3. The trial court sentenced Petitioner in December 2016. Petitioner did not appeal his guilty plea or sentence. Under state court rules, his conviction became final in February 2017. Mendoza v. Carey, 449 F.3d 1065, 1067…