Wayne West v. Craig Koenig

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 WAYNE WEST, ) Case No. 2:21-cv-03727-CJC-JDE ) 12 Petitioner, ) ) ORDER TO SHOW CAUSE ) 13 v. ) ) 14 CRAIG KOENIG, Warden, ) ) 15 Respondent. ) ) 16 ) 17 18 On April 19, 2021,1 Petitioner Wayne West (“Petitioner”) constructively 19 filed a Petition for Writ of Habeas Corpus by a Person in State Custody (Dkt. 20 1, “Petition” or “Pet.”) and a supporting Memorandum (Dkt. 2, “Mem.”), 21 raising a single ground for relief. The Court has screened the Petition 22 consistent with its authority under Rule 4 of the Rules Governing Section 2254 23 1 Under the “mailbox rule,” “a legal document is deemed filed on the date a 24 petitioner delivers it to the prison authorities for filing by mail.” Lott v. Mueller, 304 25 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. 26 See Roberts v. Marshall, 627…