Becerra

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUIS ALBERTO ALARCON NAVA, Case No. 1:20-cv-01378-HBK Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED AS

v. UNTIMELY XAVIER BECERRA, RESPONSE DUE IN THIRTY DAYS Respondent. (Doc. No. 1) 16 Petitioner Luis Alberto Alarcon Nava initiated this action by filing a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. No. 1). This matter is before the Court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. 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, the court will afford petitioner an opportunity to show cause why the court should not sua sponte…