Bobby Nash v. California Department of Correction Rehabilitation

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION BOBBY NASH, ) Case No. 2:24-cv-00437-FLA-JDE ) Petitioner, ) ) ORDER TO SHOW CAUSE ) v. ) ) CALIFORNIA DEPARTMENT )

OF CORRECTION )

REHABILITATION (CDCR), et ) ) al., ) ) Respondents. ) )

On January 1, 2024,1 Petitioner Bobby Nash (“Petitioner”), a state prisoner, proceeding pro se and without paying a filing fee or seeking leave to proceed in forma pauperis, constructively filed a Petition for Writ of Habeas

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 24 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 on the date the petition is signed. See Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010). Here, the 26 undersigned affords Petitioner the benefit of…