Erik De Santiago v. S. Smith

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10

ERIK DE SANTIAGO, ) NO. CV 23-5423-ODW (AGR)

) 12 Petitioner, ) ) 13 )

S. SMITH, Warden, ) ORDER TO SHOW CAUSE WHY

14 ) PETITION FOR WRIT OF Respondent. ) HABEAS CORPUS SHOULD 15 ) NOT BE DISMISSED ) 16 ) 17 On July 3, 2023, Petitioner constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254, challenging his conviction and sentence. On the face of the Petition, it appears that the grounds for relief are untimely and fail to state a cognizable basis for federal habeas relief. The court orders Petitioner to show cause, in writing, on or before March 8, 2024, why the court should not recommend dismissal of the Petition. I. PROCEDURAL HISTORY On June 18, 2007, Petitioner pleaded nolo contendere to Count 5 for assault with a firearm on a peace officer in violation of Cal. Penal Code § 245(d)(1). …