Raymond Michael Hennings v. B. Cates

I.

INTRODUCTION

Raymond Michael Hennings (“Petitioner”), proceeding pro se, has constructively1 filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 (“section 2254”) challenging his 2016 conviction. ECF Docket No. (“Dkt.”) 1 at 2. The Petition appears to be untimely and therefore subject to dismissal. Id. at 3, 42. Moreover, the fifth claim appears subject to dismissal because it is unexhausted. Id. at 7. However, the Court will not make a final determination regarding whether the Petition should be dismissed without giving Petitioner an opportunity to (1) explain why the Petition is not untimely and (2) to either request a stay or file an amended petition, striking the unexhausted claim.

II.

PROCEDURAL HISTORY

A. STATE COURT PROCEEDINGS

Petitioner challenges his July 5, 2016 convictions for robbery in the second degree (Cal. Penal Code § 212.5), assault with a deadly weapon (Cal. Penal Code § 245(c)), and battery (Cal. Penal Code § 243(e)(1)). Dkt. 1 at 2. Petitioner was sentenced to ten (10) years for the robbery, one (1) year for using a knife (Cal. Penal Code § 667(a)(1)), and ten (10) years for his…