Alwyn Gibson, II v. James Hill

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

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