Floyd Dewaine Scott v. Compton Superior Court

I.

INTRODUCTION

On April 13, 2020, Petitioner Floyd Dewaine Scott (“Petitioner”), an inmate at California State Prison – Los Angeles County (“CSP-LAC”), constructively filed1 a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 (“Section 2254”). See Dkt. 1, Pet. Petitioner challenges the restitution fine that Petitioner received notice of on November 9, 2015. Id. Petitioner argues the failure to hold an “ability to pay determination hearing” before ordering restitution violated his due process rights. 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.

II.

DISCUSSION

A. Applicable Law

Under Section 2254, “a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the

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…