Cesar Cabrera v. Patrick Covello

CIVIL MINUTES – GENERAL

Case No. CV 24-1584 PA (PVC) Date: April 16, 2024 Title Cesar Eduardo Cabrera v. Patrick Covello, Warden

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Respondent: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

THIS ACTION BE DISMISSED BECAUSE IT IS

UNEXHAUSTED

On February 22, 2024, Cesar Eduardo Cabrera (Petitioner), a California state prisoner proceeding pro se, constructive filed a habeas petition pursuant to 28 U.S.C. § 2254. (“Petition,” Dkt. No. 1 at 8). The Petition raises a single ground for federal habeas relief: California violated Petitioner’s due process rights and California Penal Code § 745 when it offered criminal defendants of other races and ethnicities a more favorable plea deal. (Id. at 3–5). However, the Petition is subject to dismissal because it is completely unexhausted.

1 Pursuant to the “mailbox rule,” “[w]hen a prisoner gives…