Edware Dewayne Dorsey v. Christian Pheiffer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
10 11 EDWARD DEWAYNE DORSEY, Case No. 8:23-cv-00424-FLA-PD 12 Petitioner, ORDER TO SHOW CAUSE RE:
DISMISSAL OF PETITION
v.
CHRISTIAN PHEIFFER,
15 Respondent. 17
19 On March 6, 2023, Petitioner Edward Dewayne Dorsey, proceeding pro 20 se, constructively filed a Petition for Writ of Habeas Corpus by a Person in 21 State Custody pursuant to 28 U.S.C. § 2254.1 22 23
1 The Petition was actually filed on March 9, 2023. Under the mailbox rule of Houston v. Lack, 487 U.S. 266, 275-76 (1988), a prisoner constructively files something on the day he gives it to prison authorities for forwarding to the relevant court. See Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010). Courts 27 presume that is the day the prisoner signs the document unless there is evidence to the contrary. See Butler v. Long, 752 F.3d 1177, 1178 n.1 (9th Cir. 2014) (per The Court issues this Order to Show Cause directed to Petitioner because the face of the Petition suggests that it is untimely.
I. Procedural History and Petitioner’s Contentions
4 In…