Jovanny P Theus v. Bryan Phillips

Case 2:23-cv-01102-DOC-KES Document Filed 03/23/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JOVANNY P. THEUS, Case No. 2:23-cv-01102-DOC-KES

Petitioner,

ORDER TO SHOW CAUSE WHY

v.

PETITION SHOULD NOT BE

BRYAN PHILLIPS, Warden, DISMISSED AS SUCCESSIVE

Respondent.

On February 5, 2023, Jovanny P. Theus (“Petitioner”) constructively filed a

Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to

U.S.C. § 2254 (the “Petition”). (Dkt. 1 at 15.)

Rule 4 of the Rules Governing § 2254 Cases in the United States District Courts requires the district court to dismiss a habeas petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court....” Under this Rule and for the reasons set forth below, the Court orders Petitioner to show cause why the Petition should not be dismissed as

25 1 Petitioner signed the Petition on February 5, 2023.…