Cate

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 5:20-cv-01939-CJC (SK) Date October 13, 2020 Title Hendrix Moreno Montecastro v. Cate et al.

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 Respondents: None present None present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: TIMELINESS In September 2020, Petitioner filed a petition under 28 U.S.C. § 2254 challenging his 2013 state conviction stemming from a Ponzi scheme. (ECF 1). On its face, however, the petition appears untimely. After Petitioner’s unsuccessful appeal to the California Court of Appeal, the California Supreme Court denied review in January 2016. (See Cal. S. Ct. S230460). If Petitioner filed no petition for writ of certiorari in the U.S. Supreme Court, his conviction became final in April 2016. See U.S. Sup. Ct. R. 13. From then, without statutory tolling, he had one year until April 2017 to file…