Fisher
(HC) Gonzalez v. Fisher
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO JACOBO GONZALEZ, Case No. 1:19-cv-01731-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION
SHOULD NOT BE DISMISSED FOR
v. FAILURE TO COMPLY WITH STATUTE OF
LIMITATIONS
FISHER, ECF No. 1 Respondent.
RESPONSE DUE IN FOURTEEN DAYS
16 Petitioner Armando Jacobo Gonzalez, a state prisoner without counsel, filed a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The matter is before the court for preliminary 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). This court may raise the statute of limitations sua sponte when reviewing a habeas petition. See Day v. McDonough, 547 U.S.…