Kenneth Ray Johnson v. Sierra Conservation Center Warden

CIVIL MINUTES – GENERAL

Case No. CV 20-10629 CJC (PVC) Date: February 5, 2021 Title Kenneth Ray Johnson v. Sierra Conservation Center Warden

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

THIS ACTION BE DISMISSED AS UNTIMELY

On October 29, 2020, Kenneth Ray Johnson (“Petitioner”), a California state prisoner proceeding pro se, constructively filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.1 (“Petition,” Dkt. No. 1). Petitioner asserts four claims: (1) his conviction was obtained by his codefendant’s statements without corroborating evidence, in violation of California Penal Code § 1111; (2) his trial counsel was ineffective for failing to raise a Penal Code § 1111 claim; (3) the trial court’s failure to allow him to cross-examine his co-defendant violated his rights to confrontation and due process; and (4)…