Elias Ivan Munoz v. Patrick Covello

I.

INTRODUCTION

Petitioner Elias Ivan Munoz (“Munoz”), an inmate at Mule Creek State Prison in Ione, California, filed a pro se Petition for a Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. ECF Docket No. (“Dkt.”) 1. Munoz is serving a sentence of fifty years to life. Id. at 1. The Petition appears to challenge the Los Angeles County Superior Court’s denial of Munoz’s 2019 petition for recall of sentence pursuant to section 1170.95 of the California Penal Code. Id. at 4-7, 18-28. The Petition, however, appears subject to dismissal for failure to state a cognizable habeas claim. The Court will not make a final determination regarding whether the Petition should be dismissed without giving Munoz an opportunity to address this issue.

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It appears the Petition may also be wholly unexhausted and untimely. The Court declines to address these issues because the Petition appears subject to dismissal for failure to state a cognizable claim.

II.

RELEVANT BACKGROUND

On September 11, 2007, Munoz was convicted in Los Angeles County Superior Court. Id. at 1. On December 7, 2007, Munoz was sentenced to fifty years to life. …