Jenkins

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA James Arthur JENKINS, Case No.: 21-cv-1653-GPC-AGS Petitioner, REPORT AND RECOMMENDATION

TO DENY HABEAS CORPUS

v.

PETITION (ECF 1)

R.C. JOHNSON, Warden, Respondent. 7 8 Petitioner seeks a writ of habeas corpus. But his claims are either noncognizable or meritless. BACKGROUND In 2018, petitioner James Arthur Jenkins “stab[bed] and kill[ed]” a homeless man and rifled through his pockets. People v. Jenkins, No. D076664, 2020 WL 4007320, at *2, *4 (Cal. Ct. App. July 16, 2020). A jury convicted Jenkins of first-degree murder and attempted robbery, along with weapon and injury enhancements. Id. at *1. He was sentenced to “50 years to life.” Id. On appeal, Jenkins argued that he qualified for mental-health diversion under California Penal Code section 1001.36 due to his “‘long’ history of mental health issues.” (ECF 7-4, at 1.) The California Court of Appeal affirmed the judgment, reasoning that Jenkins’s criminal…