Chrispin Garcia v. People of The State of California

CIVIL MINUTES – GENERAL

Case No. CV 20-07849 FMO (PVC) Date: September 3, 2020 Title Chrispin Garcia v. W.L. Montgomery, Warden

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Respondents: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

THIS ACTION BE DISMISSED AS UNTIMELY

On August 23, 2020,1 Chrispin Garcia (“Petitioner”), a California state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody (the “Petition”) pursuant to 28 U.S.C. § 2254. Petitioner asserts a single claim: that his Fifth, Sixth and Fourteenth Amendment rights were violated when the Alhambra court imposed an unauthorized term of five years for enhancements pursuant to California Penal Code § 667(a)(1) and § 667.5(b). (Petition at 5). For the reasons set forth below, the Petition appears to be untimely.

The Antiterrorism and Effective Death Penalty Act (“AEDPA”) applies to the…