Carlos Escamilla v. Gavin Newton

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 11 CARLOS ESCAMILLA, ) No. CV 21-1851-CJC (PLA) ) Petitioner, ) ORDER TO SHOW CAUSE RE: DISMISSAL ) OF HABEAS PETITION v. ) ) RALPH DIAZ, Secretary CDCR, et al., ) ) Respondents. ) ) 17 Carlos Escamilla (“petitioner”) initiated this action on February 26, 2021, by filing a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition”). Petitioner is currently serving a sentence of life without parole pursuant to his conviction in 1993 in the Los Angeles County Superior Court for first degree murder (Cal. Penal Code § 187). (ECF No. 1 at 21). The Petition challenges petitioner’s 1993 conviction on the ground that his current confinement is unlawful because the murder charge was brought via a felony complaint, and not pursuant to a grand jury indictment. (Id. at 5, 11-15). / 26 27 1 For ease of reference, the Court refers to the…