(HC) Broussard v. United States

Good Law
United States District Court, Eastern District of CaliforniaJanuary 15, 20201:19-cv-00164California1,232 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CURLEY JOHN BROUSSARD, JR., Case No. 1:19-cv-00164-AWI-JDP (HC) Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO COMPLY WITH STATUTE OF

LIMITATIONS

UNITED STATES OF AMERICA,

OBJECTIONS DUE IN FOURTEEN DAYS

Respondent. ECF No. 1

ORDER DENYING MOTION TO STAY

17 ECF No. 7

19 Petitioner Curley John Broussard, Jr., a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The matter is before the court for review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Petitioner also filed a motion to stay, which is denied. ECF…

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