Floyd Dewaine Scott v. R.C. Johnson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
9 FLOYD DEWAINE SCOTT, Case No. CV 21-8309-JVS (KK) Petitioner, ORDER SUMMARILY DISMISSING
ACTION WITHOUT PREJUDICE
v.
R.C. JOHNSON,
Respondent.
15 16 I. INTRODUCTION On October 13, 2021, Floyd Dewaine Scott (“Petitioner”) constructively filed1 a “Motion for Writ of Mandate to Vacate Conviction for U.S. Constitutional Violations” which the Court construes as a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 challenging his 2008 conviction. On November 2, 2021, the Court issued an Order to Show Cause Why Petition Should Not Be Summarily Dismissed as Second and Successive (“OSC”). On November 15, 2021, Petitioner constructively filed a response to the
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 OSC. For the reasons…