Rayford Tyler, Jr. v. Josie Gastelo

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 RAYFORD TYLER, JR., ) Case No. CV 20-0679-JPR 11 ) Petitioner, ) MEMORANDUM DECISION AND ORDER 12 ) DENYING PETITION AND DISMISSING v. ) ACTION WITH PREJUDICE 13 ) JOSIE GASTELO, Warden, ) 14 ) Respondent. ) 15 ) ) 16 PROCEEDINGS On January 16, 2020, Petitioner, proceeding pro se, constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody, raising two claims: he is entitled to resentencing under a change in state law, and California’s robbery statutes under which he was convicted are void for vagueness. (Pet. at 5, 25-35.) Respondent moved to dismiss the 24 1 Under the mailbox rule of Houston v. Lack, 487 U.S. 266, 25 275-76 (1988), a prisoner constructively files something on the day he gives it to prison authorities for forwarding to the relevant court. See Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010). The Court presumes that is the day he signed the document unless there is evidence to the contrary. See Butler v.…