Billy Basaldua v. George Jaime

O 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 BILLY BASALDUA, Case No. 5:20-CV-01156 KES Petitioner,

v. MEMORANDUM OPINION AND

ORDER

GEORGE JAIME, Warden, Respondent. 16 17 I. INTRODUCTION On May 24, 2020, Billy Basaldua (“Petitioner”) constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition”). (Dkt. 1.) Petitioner was sentenced to ten years after

1 May 24, 2020 is the date Petitioner signed the Petition. (Pet. at 8.) The Court assumes, for purposes of this Order, that Petitioner is entitled to the benefit of the prison mailbox rule, under which “a prisoner’s pro se habeas petition is deemed filed when he hands it over to prison authorities for mailing to the relevant court.” Campbell v. Henry, 614 F.3d 1056, 1058–59 (9th Cir. 2010) (citation omitted); see also Butler v. Long, 752 F.3d 1177, 1178 n.1 (9th Cir. 2014) (noting…