Alfonso Aranda v. Gavin Newsom

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ALFONSO ARANDA, Case No. 2:21-cv-04958-MCS (AFM)

12 Petitioner,

ORDER TO SHOW CAUSE WHY

13 v. PETITION SHOULD NOT BE 14 DISMISSED GAVIN NEWSOM, et. al, 15 Respondents. 16 17 18 Petitioner, a state prisoner, filed this petition for writ of habeas corpus on 19 June 13, 2021.1 The petition challenges Petitioner’s 2001 conviction on the ground 20 that his confinement is unlawful because the murder charges were brought via an 21 information rather than a grand jury indictment. (ECF 1.) For the following reasons, 22 it appears that the petition is subject to dismissal. 23 A. The petition appears to be untimely. 24 State prisoners have one-year to file a federal application for writ of habeas 25 corpus. 28 U.S.C. § 2244(d)(1). In most cases, the limitation period begins to run

26 1 Although the petition was stamped filed by the Clerk’s Office on June 17, 2021, Petitioner is 27 entitled to the benefit of the “mailbox rule,” pursuant to which a petition…