Marcus R. Ellington, Sr. v. State of California
Opinion
Trial Court Opinion
I.
INTRODUCTION
On November 3, 2020, Marcus R. Ellington, Sr. (“Ellington”), who is currently confined at California State Prison – Los Angeles County (“CSP-LAC”) in Lancaster, California, constructively filed1 a pro se Petition pursuant to 28 U.S.C. § 2254. See ECF Docket No. (“Dkt.”) 1, Pet. Ellington challenges his 2017 convictions in the Los Angeles County Superior Court for “criminal threat” and “weapon possession.” Id. at 2. The Petition purports to set forth numerous grounds for habeas relief. Id. at 4.
The Petition, however, appears subject to dismissal because (1) the Petition fails to name a proper respondent and (2) Ellington has not exhausted his state remedies with respect to at least one claim. The Court will not make a final determination regarding whether the Petition should be dismissed without giving Ellington an opportunity to address these issues.
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 omitted). From the Court’s reading of the…