Wayne West v. Craig Koenig

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION WAYNE WEST, ) Case No. 2:21-cv-03727-CJC-JDE ) Petitioner, ) ) ORDER SUMMARILY DISMISSING ) v. ) ACTION ) CRAIG KOENIG, Warden, ) ) Respondent. ) ) 16 I. INTRODUCTION On April 19, 2021,1 Petitioner Wayne West (“Petitioner”) constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody (Dkt. 1, “Petition” or “Pet.”) and a supporting Memorandum (Dkt. 2, “Mem.”), raising a single ground for relief. 23 1 Under the “mailbox rule,” “a legal document is deemed filed on the date a 24 petitioner delivers it to the prison authorities for filing by mail.” Lott v. Mueller, 304 F.3d 918, 921 (9th Cir. 2002). In the absence of evidence to the contrary, courts have treated a petition as delivered to prison authorities on the date the petition is signed. 26 See Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010). Here, for…