(HC)Castaneda

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISAAC SCOTT CASTANEDA, Case No. 1:20-cv-00377-NONE-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED AS

v. UNTIMELY STU SHERMAN, RESPONSE DUE IN FORTY-FIVE DAYS Respondent. ECF No. 1 16 Petitioner Isaac Scott Castaneda, 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). Because it appears that the petition is untimely, we will order petitioner to show cause why his petition should not be dismissed. Discussion 26 …