Raul Joe Aldrete v. Christian Pfeiffer

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 RAUL JOE ALDRETE, ) Case No. CV 18-10800-JPR 11 ) Petitioner, ) MEMORANDUM DECISION AND ORDER 12 ) DENYING PETITION AND DISMISSING v. ) ACTION WITH PREJUDICE 13 ) CHRISTIAN PFEIFFER, Warden, ) 14 ) Respondent. ) 15 ) ) 16 PROCEEDINGS On December 12, 2018, Petitioner, proceeding pro se, constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody, raising a single claim: his 2000 conviction for discharging a firearm was “not a strikable offen[s]e.” (Pet. at 3; see also id. at 1-2.) Respondent moved to dismiss on June 20, 2019, and Petitioner opposed on March 20, 2020. Respondent did not file a reply. The parties consented to 25 26 1The Ninth Circuit transferred the Petition to this Court after denying as unnecessary Petitioner’s application to file a second or successive petition in that he had not filed a prior petition pertaining to the 2000 conviction. 1 the jurisdiction of the undersigned under 28 U.S.C. § 636(c)(1). For the…