Mark Wayne Rathbun v. K. Allison

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 MARK WAYNE RATHBUN, Case No. 2:21-cv-03252-JVS (AFM) 12 Petitioner, ORDER SUMMARILY DISMISSING PETITION FOR WRIT OF HABEAS v. CORPUS FOR LACK OF SUBJECT MATTER JURISDICTION

K. ALLISON, CDCR Secretary,

15 Respondent. 16 17 In 2004, Petitioner was convicted of numerous counts of rape, residential burglary, forcible oral copulation, assault with the intent to commit a sex offense, forcible sexual penetration by a foreign object, and forcible sodomy. As a result of a prior “strike” conviction, Petitioner was sentenced to 1040 years to life in prison. (ECF 1; see also People v. Rathbun, 2007 WL 2391258, at *1 (Aug. 23, 2007). Petitioner appealed to the California Court of Appeal, which affirmed the judgment, but remanded the case for re-sentencing. Rathbun, 2007 WL 2391258, at *1. On October 31, 2007, the California Supreme Court denied review. (ECF 1 at 6; see https://appellatecases.courtinfo.ca.gov.) …