Bobby Nash v. California Department of Correction Rehabilitation

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 BOBBY NASH, ) Case No. 2:24-cv-00437-FLA-JDE ) 12 Petitioner, ) ) ORDER TO SHOW CAUSE ) 13 v. ) ) 14 CALIFORNIA DEPARTMENT )

OF CORRECTION )

15 REHABILITATION (CDCR), et ) ) 16 al., ) ) 17 Respondents. ) ) 18

19 On January 1, 2024,1 Petitioner Bobby Nash (“Petitioner”), a state 20 prisoner, proceeding pro se and without paying a filing fee or seeking leave to 21 proceed in forma pauperis, constructively filed a Petition for Writ of Habeas 22

23 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 25 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…