L. C. Cunningham v. C. Fpieffer

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION L. C. CUNNINGHAM, ) No. 2:20-cv-07903-JFW (JDE) ) Petitioner, ) ) ORDER TO SHOW CAUSE v. ) WHY THE PETITION ) C. PFIEFFER, Warden, ) SHOULD NOT BE ) DISMISSED ) Respondent. ) )

17 I. INTRODUCTION On September 3, 2020, Petitioner L. C. Cunningham (“Petitioner”) filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254, challenging his 1986 conviction for first degree murder and a 2017 parole suitability determination. Dkt. 3 (“Petition” or “Pet.”). A district court “must promptly examine” the petition and, “[i]f it plainly appears from the petition . . . that the petitioner is not entitled to relief,” the “judge must dismiss the petition.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts (“Habeas Rules”); Mayle v.…