Freddy Zavala Odanga v. San Bernardino County

I. INTRODUCTION

On January 28, 2020, Freddy Zavala Odanga (“Petitioner”) filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”). [Dkt. No. 1]. The Petition alleges that Petitioner is being falsely imprisoned because the San Bernardino Superior Court stated that his sentence was served. [Id., p. 3].

The Court’s review of the Petition, the Court’s own records, and public records reveals that Petitioner’s one ground for relief is unexhausted. For the reasons discussed below, Petitioner is ORDERED TO SHOW CAUSE in writing by April 21, 2020 why the instant Petition should not be dismissed.

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 and readily determined from sources whose accuracy…