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