Jermaine Johnson v. C. Rodriguez

FILED

NOT FOR PUBLICATION

JUN 24 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JERMAINE J. JOHNSON, No. 22-55782

Petitioner-Appellant, D.C. No. 2:21-cv-07121-CJC-MAA v.

C. RODRIGUEZ, Acting Warden, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding

Argued and Submitted June 6, 2024 Pasadena, California

Before: M. SMITH and BADE, Circuit Judges, and FITZWATER,** District Judge.

Petitioner-Appellant Jermaine J. Johnson pleaded guilty to unpremeditated

murder before a court martial and served several years in military custody before

being transferred to a federal prison. He appeals the district court’s dismissal of his

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. habeas corpus petition under 28 U.S.C. § 2241, in which…