Salvador Duenas v. Ralph Diaz

I. INTRODUCTION

Pending before the Court is a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) filed by Salvador Duenas (“Petitioner”), through counsel, on October 28, 2019. [Dkt. No. 1]. Petitioner requests that this Court “order the California Court of Appeal to vacate its October 31, 2018 order denying his motion/application for leave from default and to hear the appeal on the merits.” [Id., p. 15]. The Court’s review of the Petition, the Court’s own records, and public records reveals that the Petition fails to state a cognizable claim for federal habeas relief and appears barred by procedural default.1 For the reasons discussed below, Petitioner is ORDERED TO SHOW CAUSE in writing by December 6, 2019 why the instant Petition should not be dismissed with prejudice because it (1) fails to state a cognizable claim for federal habeas relief and (2) is barred by procedural default.

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 and readily determined from sources whose…