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Jackson v. Spearman

United States District Court, C.D. California

November 26, 2014

TONY RENE JACKSON, Petitioner,
v.
M.E. SPEARMAN, Warden, Respondent

Tony Rene Jackson, Petitioner, Pro se, Soledad, CA.

For M. E. Spearman, et al, Respondent: Seth Patrick McCutcheon, CAAG - Office of Attorney General, California Department of Justice, Los Angeles, CA.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

ALKA SAGAR, UNITED STATES MAGISTRATE JUDGE.

This Report and Recommendation is submitted to the Honorable R. Gary Klausner, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 05-07 of the United States District Court for the Central District of California.

I.

INTRODUCTION

On July 3, 2014, Tony Rene Jackson (" Petitioner"), a California state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody, pursuant to 28 U.S.C. § 2254 (" Petition") (Docket Entry No. 1). The Petition raises three grounds for habeas relief. (See Pet. 5-6.) On September 12, 2014, Respondent filed a Motion to Dismiss the Petition (Docket Entry No. 10). On October 15, 2014, Petitioner filed an Opposition to Respondent's Motion to Dismiss (Docket Entry No. 15). For the reasons discussed below, it is recommended that the Petition be DENIED, and that this action be DISMISSED with prejudice.

II.

PRIOR PROCEEDINGS

On May 7, 2012, in Los Angeles County Superior Court, Petitioner pled no contest to, and was convicted of, one count of possession of a firearm by a felon, in violation of California Penal Code (" P.C.") § 12021(a)(1).[1] (Lodgment 5, at 324-25.) On the same day, Petitioner admitted to committing a prior strike offense, and was sentenced to four years in prison, pursuant to P.C. § § 667 and 1170.12. (Lodgment 5, at 325.)

On July 2, 2012, Petitioner appealed his conviction and sentence to the California Court of Appeal, which affirmed the judgment in a reasoned opinion on May 6, 2013. (Lodgment 1.) On June 17, 2013, Petitioner filed a petition for review in the California Supreme Court.[2] (Lodgment 2.) On July 24, 2013, the California Supreme Court denied review. (Lodgment 3.)

On July 3, 2014, Petitioner filed the ...


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