Jose Fernandez Lopez v. Rosemay Ndoh

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 8:20-cv-00033-JGB (SK) Date March 12, 2020 Title Jose Fernandez Lopez v. Rosemay Ndoh

Present: The Honorable Steve Kim, U.S. Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present Proceedings: (IN CHAMBERS) SECOND ORDER TO SHOW CAUSE In January 2020, the Court ordered Petitioner to show cause why his § 2254 habeas petition should not be dismissed for lack of exhaustion and untimeliness. (ECF 4). In response, Petitioner referred to exhibits attached to his petition that he claims prove exhaustion (ECF at 2), even though in the petition itself Petitioner states that his claims are unexhausted (ECF 1 at 5-6). In any case, for purposes of the order the show cause, the Court assumes—without deciding—that the petition is exhausted.! But Petitioner’s response to the separate untimeliness issue remains inadequate. It is…