Antone Presley v. R.C. Johnson

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ANTONE PRESLEY, Case No. 2:20-cv-01917-PA (GJS) Petitioner

v.

ORDER TO SHOW CAUSE RE

POSSIBLE DISMISSAL FOR:

WARDEN R.C. JOHNSON, UNTIMELINESS; LACK OF

EXHAUSTION; AND

Respondent.

NONCOGNIZABILITY

16 On February 27, 2020, Petitioner fil ed a 28 U.S.C. § 2254 habeas petition in this District [Dkt. 1, “Petition”]. The Petition does not comply with Rule 2 of the Rules Governing Section 2254 Cases in the United States District Courts: it is not on the standard form required to be used in this District; and, instead, is on a State of California habeas form, which does not include all required information. In addition, the Petition violates Rule 11(a) of the Federal Rules of Civil Procedure, because Petitioner has not signed the pleading. These defects are procedural and, thus, could be rectified with amendment. However, despite the Court’s liberal construction of the Petition, it suffers from three fundamental defects that do not appear to be rectifiable with…