Carlos Escamilla v. Gavin Newton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 CARLOS ESCAMILLA, ) No. CV 21-1851-CJC (PLA) ) 13 Petitioner, ) ORDER TO SHOW CAUSE RE: DISMISSAL ) OF HABEAS PETITION 14 v. ) ) 15 RALPH DIAZ, Secretary CDCR, et al., ) ) 16 Respondents. ) ) 17 18 Carlos Escamilla (“petitioner”) initiated this action on February 26, 2021, by filing a Petition 19 for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition”). 20 Petitioner is currently serving a sentence of life without parole pursuant to his conviction in 1993 21 in the Los Angeles County Superior Court for first degree murder (Cal. Penal Code § 187). (ECF 22 No. 1 at 21). The Petition challenges petitioner’s 1993 conviction on the ground that his current 23 confinement is unlawful because the murder charge was brought via a felony complaint, and not 24 pursuant to a grand jury indictment. (Id. at 5, 11-15). 25 / 26 27 1 For ease of reference, the Court refers to the…