Jesse Ramirez v. R. Eisher
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. 5:20-cv-01561-JGB (SK) Date August 13, 2020 Title Jesse Ramirez v. R. Eisher
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) ORDER TO SHOW CAUSE RE TIMELINESS In August 2020, Petitioner filed a petition under 28 U.S.C. § 2254, challenging his 2014 sentence for sexual battery and lewd act on a child under the age of 14. (ECF 1 at 2). On □□□ face, the petition is untimely and subject to summary dismissal. Petitioner was sentenced in March 2014 but filed no appeal. (ECF 1 at 5). So his conviction became final 60 days later in May 2014. See Cal. Rules of Court 8.308(a); Stancle v. Clay, 692 F.3d 948, 951 (9th Cir. 2012). From then, without any statutory or equitable tolling, Petitioner had one year—until May 2015—+to file a timely federal petition. See 28…