Susano Perez v. Patrick Eaton

I.

INTRODUCTION

On April 30, 2021, Susano Perez (“Perez”), who is currently confined at Sierra Conservation Center in Jamestown, California, constructively filed1 a pro se Petition pursuant to 28 U.S.C. § 2254. ECF Docket No. (“Dkt.”) 1, Pet. Perez challenges his 2018 convictions in the Orange County Superior Court for kidnapping, forcible rape, and sodomy by force. Id. at 1. The Petition purports to raise two grounds for habeas relief: (1) “conviction obtained in violation and disregard of the expiration of statute of limitations of the charges” (“Ground One”) and (2) “petitioner received ineffective assistance of counsel at trial as the defense counsel presented no opposition” (“Ground Two”). Id. at 4.

The Petition, however, appears subject to dismissal because Perez has not exhausted his state remedies with respect to Ground Two. The Court will not make a final determination regarding whether the Petition should be dismissed without giving Perez an opportunity to address these issues.

///

1 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…