Truonghai Thai Nguyen v. M. Pollard

CIVIL MINUTES – GENERAL

Case No.: 2:19-cv-10118-JFW-MAA Date: January 30, 2020 Title: Nguyen v. Pollard

Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge

Chris Silva N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendants:

N/A N/A

Proceedings (In Chambers): Second Order to Show Cause Why the Action Should Not Be Dismissed for Untimeliness

On November 26, 2019, the Court received and filed Petitioner Truonghai Thai Nguyen’s Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. (“Petition,” ECF No. 1.) Observing that the Petition appeared to be untimely on its face, the Court ordered Petitioner to show cause why the action should not be dismissed as untimely. (“First OSC,” ECF No. 5.) Although Petitioner requested an extension of time to respond to the First OSC, indicating his awareness of the Court’s timeliness concerns (see ECF No. 6), Petitioner has not filed a direct response to the First OSC. Instead, on January 6, 2020, the Court received and filed another Petition…