Andre Marvin Jennings v. People of the State of Riverside, CA
Opinion
trial_court Opinion
INTRODUCTION
On April 16, 2021, Petitioner, a California state resident proceeding pro se, filed a Petition for Writ of Habeas Corpus (the “Petition”). (Dkt. No. 1.) This is Petitioner’s third habeas petition with this Court. On January 6, 2020, Petitioner filed a prior petition (the “January 2020 Petition”) attacking the same convictions at issue here—Petitioner’s September 2018 convictions for driving under the influence and for driving with a blood alcohol concentration of .08 or higher. Jennings v. People of the State of Riverside, 5:20-cv-00028-ODW-KS (Mar. 24, 2020). On March 24, 2020, the Court dismissed the January 2020 Petition on the grounds that it was wholly unexhausted. Id. at Dkt. Nos. 11, 13-14. On May 5, 2020, Petitioner filed a second petition (the “May 2020 Petition”) in which he again attacked his 2018 convictions. Jennings v. People of the State of Riverside, 5:20-cv-00971-ODW-KS (Dec. 2, 2020). On December 2, 2020, the Court dismissed Petitioner’s May 2020 Petition on the grounds that the Petition was wholly unexhausted and Petitioner had failed to oppose a motion to dismiss. Id. at Dkt. Nos. 26, 30.