(HC) Broussard v. United States
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, FINDINGS AND RECOMMEDATIONS TO
DISMISS PETITION AS UNTIMELY
v.
OBJECTIONS DUE IN FOURTEEN DAYS
UNITED STATES OF AMERICA, ECF No. 1 Respondent.
16 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. On January 15, 2020, we screened petitioner’s habeas petition, found it untimely, and ordered petitioner to show cause why his petition should not be summarily dismissed for failure to comply with the statute of limitations. ECF No. 8. We granted petitioner fourteen days to respond to the order to show cause. See id. The time for responding has passed and petitioner has failed to respond. We recommend that the petition be dismissed. Discussion Under Rule 4 of the Rules Governing Section 2254 Cases, the assigned judge must promptly examine the habeas petition and must order a…