Randolph A. Jackson v. I. Hetmer

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 10 RANDOLPH A. JACKSON, Case No. 2:19-cv-07830-JAK (AFM)

Petitioner,

ORDER TO SHOW CAUSE WHY

v. PETITION SHOULD NOT BE DISMISSED

I. HETMER, Warden,

15 Respondent. 16 17 Petitioner filed this petition for writ of habeas corpus on July 7, 2019.1 From the face of the petition, it appears that it is subject to dismissal for the following reasons. 1. The “in custody” requirement To obtain relief under section 2254, a petitioner must be “in custody” as a result of the conviction or sentence he wishes to challenge. 28 U.S.C. § 2254(a). The 24 1 Although the petition was stamped filed by the Clerk’s Office on September 10, 2019, Petitioner is entitled to the benefit of the “mailbox rule,” pursuant to which a petition is deemed filed on the date on which it was handed it to the proper prison official for mailing. See Houston v. Lack, 487 26 U.S. 266, 276 (1988). The Court assumes that Petitioner handed any state and federal petitions to the proper…