Everett O'Neal Allen v. A. Koenig

I. INTRODUCTION

Pending before the Court is a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) filed by Everett O’Neal Allen (“Petitioner”), a California state prisoner. [Dkt. No. 1]. The Court’s review of the Petition, the Court’s own records, and public records reveals that the Petition appears to be untimely and that at least one of Petitioner’s grounds for relief is unexhausted. For the reasons discussed below, Petitioner is ORDERED TO SHOW CAUSE in writing by November 14, 2019 why: (1) the instant Petition should not be dismissed with prejudice because it is time- barred; and (2) whether Petitioner’s third ground for relief is unexhausted.

II. SCREENING REQUIREMENT

Under Rule 4 of the Rules Governing Section 2254 Cases, this court is required to conduct a preliminary review of all petitions for writ of habeas corpus filed by state prisoners. Pursuant to Rule 4, this court must summarily dismiss a petition if it “plainly

1 Where necessary, the Court takes judicial notice of the public records. See Fed. R. Evid. 201(b)(2) (“The court may judicially notice a fact that is not subject to reasonable dispute because it . . . can be accurately…