Alwyn Gibson, II v. James Hill

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION

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12 ALWYN GIBSON, II No. 8:25-cv-00083-HDV-BFM 13 Petitioner, v. ORDER TO SHOW CAUSE 14 WHY HABEAS PETITION JAMES HILL, Warden, SHOULD NOT BE DISMISSED 15 Respondent. 16 17 18 SUMMARY OF ORDER 19 Petitioner Alwyn Gibson filed a habeas petition pursuant to 28 U.S.C. § 20 2254. His Petition presents two claims, one, a claim of ineffective assistance of 21 counsel of his trial lawyer, and two, a claim that the trial judge did not properly 22 exercise his discretion in imposing firearms enhancements. On initial review, it 23 appears there are two problems with his Petition. First, it appears the Petition 24 may be untimely. Petitioners generally have one year after the judgment is final 25 to file a federal habeas petition; here, it appears there is a longer gap between 26 his judgment becoming final and his filing in this Court. Second, it appears his 27 second claim may not be…