Seth Hernandez v. M. Powler

BACKGROUND

On May 6, 2021, Seth Hernandez (“Petitioner”) constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody challenging his conviction for attempted murder, two counts of assault with personal use of a deadly weapon, and misdemeanor exhibiting of a deadly weapon. See Dkt. 1 (“Petition”) at 2, 10; see also People v. Hernandez, 2012 WL 4864914, at *1 (Cal. Ct. App. Oct. 15, 2012). Petitioner was sentenced in 2010. See Petition at 2. He appealed, and the California Supreme Court denied his petition for review on January 3, 2013. See https://appellatecases.courtinfo.ca.gov/search.cfm?dist=0 (search for Case No. S206747). On August 14, 2015, Petitioner filed a federal habeas petition which was transferred to this Court. See Hernandez v. To Be Named , Case No. CV 15-5351-RSWL-DFM (C.D. Cal.), Dkt. 1. That petition was ultimately dismissed without prejudice for failure to prosecute. See id., Dkt. 21. On December 7, 2020, Petitioner filed a habeas corpus petition in the California Supreme Court, which was denied as untimely on February 17, 2021. See Petition at 4; see also https://appellatecases.courtinfo.ca.gov/search.cfm?dist=0 (search for Case No.…