Neuschmid

(HC) Jackson v. Neuschmid

Good Law
United States District Court, Eastern District of CaliforniaApril 2, 20201:20-cv-00198California976 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY PECK JACKSON, Case No. 1:20-cv-00198-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED AS

v. UNTIMELY AND FOR FAILURE TO STATE

A COGNIZABLE CLAIM

ROBERT NEUSCHMID, et al.,

RESPONSE DUE IN THIRTY DAYS

Respondent. ECF No. 1 16 Petitioner Gregory Peck Jackson, a state prisoner without counsel, petitioned for 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). Discussion This court may raise the statute of limitations sua sponte when reviewing a habeas petition. See Day v.…

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