Djuane Lamar Fletcher v. Stuwart Sherman

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10

DJUANE LAMAR FLETCHER, ) NO. CV 20-8538-DSF (AGR)

12 ) Petitioner, ) 13 ) ) 14 STUWART SHERMAN, Warden, ) ORDER TO SHOW CAUSE ) WHY PETITION FOR WRIT OF 15 Respondent. ) HABEAS CORPUS SHOULD ) NOT BE DISMISSED 16 ) ) 17 18 On August 31, 2020, Petitioner constructively filed a Petition for Writ of 19 Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 20 2254, challenging his conviction and sentence. (Dkt. No. 1 at 1-2.) On the face 21 of the Petition, it appears that his claims are both untimely and unexhausted. The 22 court orders Petitioner to show cause, in writing, on or before January 28, 2021, 23 why the court should not recommend dismissal of the Petition as barred by the 24 statute of limitations and/or unexhausted. 25 I.

PROCEDURAL HISTORY

27 On June 16, 2015, Petitioner pleaded guilty to carjacking and admitted one 28 prior violent felony under the Three Strikes Law and one prior prison term allegation (Case No. LA079640). (Dkt. No. 1 at 2.) On March 28, 2017, he was sentenced to an…