William Barton v. San Joaquin

I. BACKGROUND

18 On March 14, 2021, Petitioner William Barton constructively filed a Petition 19 for Writ of Habeas Corpus (“Petition”), which he labels “Petition for Modification 20 of Sentence.” Dkt. No. 1 at 2. 21 Petitioner was convicted of his underlying criminal offense in March 1976. 22 Petition at 2. In the instant Petition, Petitioner asserts that he is not guilty and has 23 appealed his sentence but he fails to set forth any grounds for relief. See Petition at 24 3 (stating that he is “proceed[ing] currently on fourth amend[ed] petition. See ECF 25 No. 38.”). Records of the California Supreme Court indicate that Petitioner has not 26 27 28 1 filed any appeals or state habeas petitions with that court.1 Further, the Court notes 2 that this is the latest of multiple habeas petitions filed by Petitioner starting in 2018, 3 all of which have been dismissed for failure to exhaust state court remedies.2 4 On January 22, 2020, Magistrate Judge Oliver held a hearing in a separate 5 habeas matter brought by Petitioner. See Barton v. Superior Court, CV 19-10418- 6 FMO (RAO), Dkt. No. 7. At the hearing, Judge Oliver discussed with Petitioner his 7 numerous…