Warden

Wilfredo Rodriguez v. Warden

Good Law
United States District Court, Central District of CaliforniaMarch 8, 20232:22-cv-06540California3,517 words

Opinion

Trial Court Opinion

Case 2:22-cv-06540-MWF-GJS Document Filed 03/08/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WILFREDO RODRIGUEZ, Case No. 2:22-cv-06540-MWF (GJS) Petitioner

ORDER: DISMISSING PETITION

v. WITH PREJUDICE FOR

UNTIMELINESS; AND DENYING

T. CISNEROS, A CERTIFICATE OF

APPEALABILITY

Respondent. 16

On September 12, 2022, Petitioner filed a 28 U.S.C. § 2254 habeas petition [Dkts. 1-2,“Petition”]. The Petition stems from Petitioner’s 2018 conviction in Los Angeles County Superior Court Case No. KA113129 (the “State Conviction”). After reviewing the Petition and the state court dockets, on January 23, 2023, United States Magistrate Judge Gail A. Standish issued an Order To Show Cause [Dkt. 8, “OSC”], which directed Petitioner to show cause why the Petition should not be dismissed because, on its face, it appeared to be untimely. The OSC explained the reasons for this conclusion and expressly directed Petitioner to explain how the Petition is…

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