Martinez
(HC) Jenkins v. Martinez
Opinion
trial_court Opinion
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11 ALONZO JENKINS, Case No. 1:23-cv-01591-JLT-SAB-HC
12 Petitioner, FINDINGS AND RECOMMENDATION TO
DISMISS PETITION FOR WRIT OF
13 v. HABEAS CORPUS AS UNTIMELY
14 L.A. MARTINEZ,
15 Respondent.
16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. 19 I. 20 BACKGROUND 21 On September 26, 2023,1 Petitioner constructively filed the instant federal habeas petition 22 challenging his 1998 Merced County conviction and sentence in the United States District Court 23 for the Northern District of California. (ECF No. 1.) On November 9, 2023, the petition was 24 transferred to this Court. (ECF Nos. 7, 8.) 25 /// 26 1 Pursuant to the mailbox rule, a pro se prisoner’s habeas petition or other pleading is filed “at the time . . . [it is] 27 delivered . . . to the prison authorities for forwarding to the court clerk.” Hernandez v. Spearman, 764 F.3d 1071, 1074 (9th Cir.…