Covello
Luis A Rios v. Covello
Opinion
Trial Court Opinion
I.
INTRODUCTION
On December 17, 2020, Petitioner Luis A. Rios (“Rios”), an inmate at Richard J. Donovan Correctional Facility, constructively filed1 a pro se Petition for a Writ of Habeas Corpus (“Petition”) appearing to challenge his conviction(s) in the Los Angeles County Superior Court and/or the San Bernardino County Superior Court. ECF Docket No. (“Dkt.”) 1 at 1. The Petition, however, appears subject to dismissal as untimely. The Court will provide Rios an opportunity to address this issue before making a final determination regarding whether the Petition should be dismissed.
II.
BACKGROUND
A. STATE COURT PROCEEDINGS
On April 26, 2013, Rios pled guilty in San Bernardino County Superior Court, Case No. FWV1201258, to attempted murder with personal use of a firearm in violation of sections 664/187(A) and 12022.5(A) of the California Penal Code. Id. at 32, 38. On May 24, 2013, Rios was sentenced to twelve years in state prison. Id.
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…