Fisher

(HC) Gonzalez v. Fisher

Good Law
United States District Court, Eastern District of CaliforniaFebruary 18, 20201:19-cv-01731California712 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO JACOBO GONZALEZ, Case No. 1:19-cv-01731-NONE-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION FOR FAILURE TO

v. COMPLY WITH STATUTE OF

LIMITATIONS

FISHER,

OBJECTIONS DUE IN FOURTEEN DAYS

Respondent. ECF No. 1 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. On January 14, 2020, we ordered petitioner to show cause why his petition should not be dismissed as untimely. ECF No. 9. The time for filing a response to the order to show cause has passed and petitioner has failed to do so. Under Rule 4 of the Rules Governing Section 2254 Cases, we have “an active role in summarily disposing of facially defective habeas petitions” and we may dismiss claims at screening for “easily identifiable” procedural defects. Ross v. Williams, 896 F.3d 958, 968 (9th Cir. 2018) (citation omitted). Moreover, we may raise…

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