Unknown

Christian Diaz v. Unknown

Good Law
United States District Court, Central District of CaliforniaAugust 6, 20195:19-cv-01441California3,178 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CHRISTIAN DIAZ, Case No. 5:19-cv-01415-PA (GJS) Petitioner Case No. 5:19-cv-01441-PA (GJS)

v.

ORDER TO SHOW CAUSE RE:

POSSIBLE DISMISSAL FOR

SCOTT FRAUENHEIM, UNTIMELINESS Respondent. 16 On July 31, 2019, Petitioner filed a 28 U.S.C. § 2254 habeas petition in this District in Case No. 5:19-cv-01415-PA (GJS) (Dkt. 1,“Petition”). The Petition stems from Petitioner’s 2013 conviction in San Bernardino County Superior Court Case No. FVA700187 (the “State Conviction”). (Petition at 2.)1 On August 2, 2019, the Clerk’s Office filed as a separate action – Case No. 5:19- cv-01441-PA (GJS) – a document submitted by Petitioner on July 18, 2019, and received by the Clerk’s Office on July 23, 2019, entitled “Request for Extension of Time for Federal Habeas Corpus” (Dkt. 1, “Request”). The Request, at the time submitted, sought a prospective 60-day extension of Petitioner’s time to file the Petition. Although federal courts generally lack jurisdiction to consider such…

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