Christian Calderon v. Kevin Hixon

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CHRISTIAN CALDERON, ) No. 2:24-cv-08206-DMG-JDE ) Petitioner, ) ) ORDER TO SHOW CAUSE WHY v. ) ) THE PETITION SHOULD NOT BE KEVIN HIXON, Warden, ) ) DISMISSED ) Respondent. ) )

I. INTRODUCTION On September 3, 2024,1 Christian Calderon (“Petitioner”), a state prisoner proceeding pro se and seeking to proceed in forma pauperis, constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254, challenging his 2017 conviction. Dkt. 1 (“Petition” or “Pet.”).

24 1 Under the mailbox rule, “a legal document is deemed filed on the date a petitioner delivers it to the prison authorities for filing by mail.” Lott v. Mueller, 304 F.3d 918, 921 (9th Cir. 2002). In the absence of evidence to the contrary, courts have treated a 26 petition as delivered to prison authorities on the date…