Joseph Burt Trigeros v. People of Riverside California

Good Law
United States District Court, Central District of CaliforniaMay 2, 20225:22-cv-00709California3,314 words

Opinion

Trial Court Opinion

Case 5:22-cv-00709-ODW-PD Document Filed 05/02/ Page 1 of Page ID #:

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 11 JOSEPH BURT TRIGEROS, Case No. 5:22-cv-00709-ODW-PD 12 Petitioner, ORDER TO SHOW CAUSE RE:

DISMISSAL OF PETITION

v.

PEOPLE OF RIVERSIDE

CALIFORNIA,

16 Respondent.

18 19 On April 17, 2022, Petitioner Joseph Burt Trigeros, a state prisoner in 20 the custody of the California Department of Corrections, constructively filed a 21 Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 22 28 U.S.C. § 2254. The Court issues this Order to Show Cause directed to 23

1 The Petition was actually filed on April 20, 2022. Under the mailbox rule of 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 27 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…

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