Robin Leon Jackson v. B. Philips

CIVIL MINUTES – GENERAL

Case No. CV 23-7377 SPG (PVC) Date: September 27, 2023 Title Robin Leon Jackson 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 CONTAINS

UNEXHAUSTED CLAIMS

On August 17, 2023, Robin Leon Jackson (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 5). The Petition raises four grounds for federal habeas relief: (1) ineffective assistance of trial counsel; (2) failure to instruct on lesser offense; (3) failure to instruct on the application of “an accusatory pleading test”; and (4) biased

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…