Jae Jeong Lyu v. Superior Court of California

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JAE JEONG LYU, Case No. 2:23-cv-08912-JVS-KES

Petitioner,

v. ORDER TO SHOW CAUSE WHY

SUPERIOR COURT OF PETITION SHOULD NOT BE

CALIFORNIA, DISMISSED AS UNTIMELY OR

Respondent. LACKING JURISDICTION

I.

INTRODUCTION On October 17, 2023, Jae Jeong Lyu (“Petitioner”) constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. (“Petition” at Dkt. 1.) The Petition challenges Petitioner’s 24 25 1 October 17, 2023 is the date Petitioner signed the Petition. (Dkt. 1 at 11.) The Court assumes, for purposes of this order, that Petitioner is entitled to the benefit of the prison mailbox rule, under which “a prisoner’s pro se habeas petition is deemed filed when he hands it over to prison authorities for mailing to the 27 relevant court.” Campbell v. Henry, 614…