Rafael A. Mejia v. Superior Court of California County of Los Angeles

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION RAFAEL A. MEJIA, ) Case No. 2:21-cv-01490-JWH-JDE ) Petitioner, ) ) ORDER TO SHOW CAUSE ) v. ) WHY THE PETITION SHOULD ) NOT BE DISMISSED SUPERIOR COURT OF CALIFORNIA )

COUNTY OF LOS ANGELES, )

) ) Respondent. ) ) ) 18 On January 31, 2021,1 Petitioner Rafael A. Mejia (“Petitioner”), a California state prisoner, constructively filed a “Petition for Writ of Habeas Corpus” using a California state court form (Dkt. 1, “Petition” or “Pet.”) in

1 Under the “mailbox rule,” “a legal document is deemed filed on the date a petitioner delivers it to the prison authorities for filing by mail.” Lott v. Mueller, 304 24 F.3d 918, 921 (9th Cir. 2002). In the absence of evidence to the contrary, courts have treated a petition as delivered to prison authorities on the date the petition is signed. See Roberts v.…