Sherman

(HC) Wilson v. Sherman

Good Law
United States District Court, Eastern District of CaliforniaMarch 20, 20201:19-cv-01602California716 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEROME WILSON, Case No. 1:19-cv-01602-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED AS

v. UNTIMELY STU SHERMAN, RESPONSE DUE IN THIRTY DAYS Respondent. ECF No. 1 16 Petitioner Jerome Wilson, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. This matter is before us for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. See R. Governing § 2254 Cases 4; 28 U.S.C. § 2243. Under Rule 4, a district court must dismiss a habeas petition if 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). Because it appears that the petition is untimely, we will order petitioner to show cause why his petition should not be dismissed. Discussion This court may raise…

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