Luis A. Preciado v. M. E. Spearman

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION 11 LUIS A. PRECIADO, ) No. ED CV 20-908-DSF (PLA) ) Petitioner, ) ORDER TO SHOW CAUSE RE: DISMISSAL ) OF HABEAS PETITION v. ) ) M. E. SPEARMAN, Warden, ) ) Respondent. ) ) 17 I BACKGROUND1 On April 19, 1995, a Riverside County Superior Court jury convicted petitioner of discharging a firearm, in violation of California Penal Code section 246.3, and second degree robbery, in violation of California Penal Code section 211. (Docket No. 1 at 1). Petitioner was sentenced to state prison for two years and eight months. (Id.). He did not appeal his conviction or sentence. (Id. at 2). 25 26 1 The following background is derived from the allegations in the Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 that petitioner filed on April 28, 2020. (Docket No.…