Erik De Santiago v. S. Smith

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11

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 18 On July 3, 2023, Petitioner constructively filed a Petition for Writ of Habeas 19 Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254, 20 challenging his conviction and sentence. On the face of the Petition, it appears 21 that the grounds for relief are untimely and fail to state a cognizable basis for 22 federal habeas relief. The court orders Petitioner to show cause, in writing, on or 23 before March 8, 2024, why the court should not recommend dismissal of the 24 Petition. 25 I. 26 PROCEDURAL HISTORY 27 On June 18, 2007, Petitioner pleaded nolo contendere to Count 5 for 28 assault with a firearm on a peace officer in violation of Cal. Penal Code § 1 245(d)(1). …