Victor Sterling v. State of California

CIVIL MINUTES – GENERAL

Case No. CV 21-00504 CAS (PVC) Date: February 8, 2021 Title Victor Sterling v. State of California

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

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None None

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

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

THIS ACTION BE DISMISSED FOR LACK OF

JURISDICTION, OR, ALTERNATIVELY, BECAUSE THE

PETITION’S CLAIMS ARE UNTIMELY AND

UNEXHAUSTED

On January 12, 2021, Petitioner Victor Sterling, a Texas resident proceeding pro se, filed a habeas petition pursuant to 28 U.S.C. § 2254. (“Petition,” Dkt. No. 1). The Petition challenges Petitioner’s conviction in the Los Angeles County Superior Court on September 23, 1983 for possession of phencyclidine for purpose of sale, for which Petitioner received a three-year sentence. (Id. at 2). Petitioner appealed his conviction on direct review to the California Court of Appeal, which affirmed the judgment in a reasoned decision on March…