Sharif A. Eltawil v. David Phillips

CIVIL MINUTES – GENERAL

Case No. SACV 23-0489 FWS (PVC) Date: March 29, 2023 Title Sharif Azmi Eltawil v. Bryan D. Phillips, Acting Warden

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Respondent: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

THIS ACTION BE DISMISSED BECAUSE IT IS UNTIMELY

On March 10, 2023, Petitioner, a California state prisoner proceeding pro se, constructive filed a habeas petition pursuant to 28 U.S.C. § 2254. (“Petition,” Dkt. No. 1 at 8). The Petition appears to raise five grounds for federal habeas relief: (1) ineffective assistance of counsel; (2) unconstitutional punishments; (3) insufficient evidence of sexual abuse; (4) failure to instruct on burden of proof; and (5) expired statute of limitations. (Id. at 19–20). However, it appears that Petitioner’s claims are subject to dismissal because they are untimely.

1 Pursuant to the mailbox rule, “[w]hen a…