Floyd Dewaine Scott v. C. Johnson

I.

INTRODUCTION

On August 26, 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 which appears to challenge an August 22, 2019 disciplinary hearing conviction that resulted in 60 days of no phone privileges, yard recreation privileges, or day room privileges, and loss of 30 days good time credit. See Dkt. 1, Pet. at 2. Petitioner sets forth four “grounds for relief”. Id. at 14-23.

Ground One is “against Respondent J. Fernald (Fernald) is Perjury, Filing a False California Department of Corrections and Rehabilitation (CDCR) Rules Violation Report (RVR) CDCR 115, and Retaliation” for filing an allegedly false RVR against Petitioner on August 6, 2019, rather than first issuing a verbal warning, in retaliation for Petitioner filing a 602 Complaint form against Fernald. Id. at 14-18. Petitioner states he “seeks to have (A) The False RVR Log Number

Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court, the court deems the pleading constructively…