Angel De Lara v. The People of The State of California

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10

ANGEL DE LARA, ) NO. CV 22-1484-DOC (AGR)

12 ) Petitioner, ) 13 ) )

THE PEOPLE OF THE STATE OF ) ORDER TO SHOW CAUSE WHY

CALIFORNIA et al., ) PETITION FOR WRIT OF 15 ) HABEAS CORPUS SHOULD Respondents. ) NOT BE DISMISSED 16 ) ) 17 18 On August 18, 2022, Petitioner constructively filed a Petition for Writ of 19 Habeas Corpus by a Person in State Custody (“Petition”), pursuant to 28 U.S.C. 20 § 2254, challenging his sentence. (Dkt. No. 1 at 1-2.) From the face of the 21 Petition, it appears that the Petition is untimely and fails to state a cognizable 22 claim for relief. As such, absent further explanation from Petitioner, the Petition is 23 subject to dismissal. 24 I.

PROCEDURAL HISTORY

26 Petitioner pleaded guilty to one count of voluntary manslaughter (Cal. Penal 27 Page citations are to the page numbers generated by the CM/ECF Code § 192(a)) and admitted to a violent felony gang enhancement and personal use of a firearm (Cal. Penal Code §§ 186.22(b)(1), 12022.5(a)). (Petition at 2; 3 …