Jesus Lizarraga v. James Robertson

CIVIL MINUTES – GENERAL

Case No. CV 23-5411 JWH (PVC) Date: August 28, 2023 Title Jesus Lizarraga v. Stephen Smith, 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 May 15, 2023, Petitioner, a California state prisoner proceeding pro se, constructive filed a habeas petition pursuant to 28 U.S.C. § 2254 in the Northern District of California. (“Petition,” Dkt. No. 1 at 6). The Petition appears to raise two grounds for federal habeas relief: (1) ineffective assistance of trial counsel and (2) violation of due process. (Id. at 5). On June 29, 2023, the case was transferred to this court. (Dkt. No.

1 Pursuant to the mailbox rule, “[w]hen a prisoner gives prison authorities a habeas petition or other pleading to mail to court, the court deems the petition…