Michael Robbins v. Christian Pfeiffer
Opinion
Trial Court Opinion
Case 5:22-cv-00581-JGB-PD Document Filed 04/13/ Page 1 of Page ID #:120
1 2 3 4 5 6 7
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
10 11 MICHAEL ROBBINS, Case No. 5:22-cv-00581-JCB-PD 12 Petitioner, ORDER TO SHOW CAUSE RE:
DISMISSAL OF PETITION
v.
CHRISTIAN PFEIFFER,
15 Respondent. 17
On March 29, 2022, Petitioner Michael Robbins, a state prisoner in the custody of the California Department of Corrections, constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254.1 23 1 The Petition was actually filed on April 1, 2022. Under the mailbox rule of 24 Houston v. Lack, 487 U.S. 266, 275-76 (1988), a prisoner constructively files something on the day he gives it to prison authorities for forwarding to the relevant court. See Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010). Courts presume that is the day the prisoner signs the document unless there is evidence to the contrary. See Butler v. Long, 752 F.3d 1177, 1178 n.1 (9th Cir. 2014) (per 27 curiam) (as amended). Here, Petitioner dated his…