Facts

Pro se state prisoner Corey Johnson filed a petition for habeas relief against the California Dept. of Corrections and Rehabilitation.

PETITIONER'S CONTENTIONS:
Plaintiff, who was incarcerated for committing second-degree robbery, filed this habeas corpus petition, alleging ineffective assistance of counsel and unauthorized sentence.

RESPONDENT'S CONTENTIONS:
Plaintiff allegedly pleaded guilty to two counts of second-degree robbery. The jury then found true a number of sentencing enhancement allegations. Accordingly, the trial court sentenced plaintiff to an indeterminate 30-year term. Plaintiff thereafter filed five pro se petitions for post-conviction relief. Defendant claimed, however, that plaintiff's habeas petition should be dismissed because it was untimely and that tolling did not apply.

Result

The court adopted the magistrate's recommendation that the petition be denied in full due to Johnson's failure to show a denial of any constitutional right. This court then granted CDCR's unopposed motion to dismiss and declined to issue a certificate of appealability.