Richard Collins v. Jim Robertson

Case 5:22-cv-00755-SB-KES Document Filed 06/16/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

RICHARD COLLINS, Case No. 5:22-cv-00755-SB-KES

Petitioner,

ORDER TO SHOW CAUSE WHY

v.

PETITION SHOULD NOT BE

JIM ROBERTSON, Warden, DISMISSED AS UNTIMELY

Respondent.

On January 6, 2022, Richard Collins (“Petitioner”) constructively filed a

Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C.

§ 2254. (“Petition” at Dkt. 1.) As discussed more fully below, the Court orders

Petitioner to show cause why the Petition should not be dismissed as untimely. 21

23 1 January 6, 2022 is the date when Petitioner signed the Petition. (Dkt. 1 at 11.) The Court assumes, for purposes of this order, that Petitioner is entitled to the benefit of the prison mailbox rule, under which “a prisoner’s pro se habeas petition 25 is deemed filed when he hands it over to prison authorities for mailing to the relevant court.” Campbell v.…