Benerito F. Gabaldon v. J. Pickett

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION 11 BENERITO F. GABALDON, ) No. ED CV 21-185-DSF (PLA) ) Petitioner, ) ORDER TO SHOW CAUSE RE: DISMISSAL ) OF HABEAS PETITION AS BARRED BY v. ) THE EXPIRATION OF THE STATUTE OF ) LIMITATIONS AND/OR AS UNEXHAUSTED J. PICKETT, Warden, ) ) Respondent. ) ) 17 Benerito F. Gabaldon (“petitioner”) initiated this action on December 16, 2020, by filing a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition” or “Pet.”) in the United States District Court for the Eastern District of California. (ECF No. 1). On January 19, 2021, petitioner filed a First Amended Petition (alternatively “FAP”) (ECF No. 8). On February 2, 2021,the action was transferred to this Court. (ECF No. 10). The Petition challenges petitioner’s October 9, 2009, conviction in the Riverside County Superior Court, case number BLF005133, for first degree robbery…