Curtis Hernandez v. N. McDowell

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. CV 19-7151 DSF (SS) Date: August 22, 2019 Page 1 of

Title: Curtis Hernandez v. N. McDowell, Warden

DOCKET ENTRY: ORDER TO SHOW CAUSE WHY THE MAGISTRATE

JUDGE SHOULD NOT RECOMMEND THAT THIS

ACTION BE DISMISSED AS SUCCESSIVE

PRESENT:

HONORABLE SUZANNE H. SEGAL, UNITED STATES MAGISTRATE JUDGE

_Marlene Ramirez_ _______None_______ __None__ Deputy Clerk Court Reporter/Recorder Tape No.

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANTS:

None Present None Present

PROCEEDINGS: (IN CHAMBERS)

On August 9, 2019,1 Curtis Hernandez, a California state prisoner proceeding pro se, constructively filed a habeas petition pursuant to U.S.C. § 2254 (the “Petition”). Petitioner is challenging his May 5, 2008 conviction and sentence, following a bench trial, on one count of robbery in violation of California Penal Code § 211, for which he is serving

Under the “mailbox rule,” a pleading filed by a pro se prisoner is deemed filed as of the date the prisoner delivered it to prison…