Malcolm D. Hanson v. Tammy Campbell

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION MALCOLM D. HANSON, ) No. 2:23-cv-03112-JGB-JDE ) Petitioner, ) ) ORDER TO SHOW CAUSE WHY v. ) THE PETITION SHOULD NOT ) TAMMY CAMPBELL, Warden, ) BE DISMISSED ) ) Respondent. ) )

I. INTRODUCTION On March 27, 2023,1 Malcolm D. Hanson (“Petitioner”), a state prisoner, proceeding pro se and without paying the required filing fee or seeking leave to proceed in forma pauperis, constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254. Dkt. 1 (“Pet.” or “Petition”).

1 Under the “mailbox rule,” “a legal document is deemed filed on the date a petitioner delivers it to the prison authorities for filing by mail.” Lott v. Mueller, 304 26 F.3d 918, 921 (9th Cir. 2002). In the absence of evidence to the contrary, courts have treated a petition as delivered to prison authorities…