Robert Wayne Herris v. San Bernardino

INTRODUCTION

19 On February 11, 2020, Petitioner Robert Wayne Harris (“Petitioner”), a 20 California state prison inmate, filed a “Petition for a Writ of Habeas Corpus” 21 (Dkt. 1, “Petition” or “Pet.”) in the United States District Court for the 22 Eastern District of California (“Eastern District”), referencing an underlying 23 conviction and sentence imposed by the Superior Court of the State of 24 California for the County of San Bernardino in 2019. On February 14, 2020, 25 the Eastern District transferred the Petition to this Court. Dkt. 2, 3. 26 On February 19, 2020, the assigned magistrate judge issued an order 27 after screening the Petition consistent with the Court’s authority under Rule 4 28 of the Rules Governing Section 2254 Cases in the United States District Courts (“Habeas Rules”). Dkt. 5 (“OSC”). The OSC found the Petition suffered from the deficiencies described further below, among others, and ordered Petitioner to, within 30 days, either: (a) file a Notice of Election stating his intent to stand on the Petition; (b) file a First Amended Petition to cure the defects described; or (c) file a Notice of Dismissal. OSC at 1-5. The OSC further…