Alfonso Aranda v. Gavin Newsom

Good Law
United States District Court, Central District of CaliforniaJune 29, 20212:21-cv-04958California1,471 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 ALFONSO ARANDA, Case No. 2:21-cv-04958-MCS (AFM)

Petitioner,

ORDER TO SHOW CAUSE WHY

13 v. PETITION SHOULD NOT BE DISMISSED GAVIN NEWSOM, et. al, 15 Respondents. 16 17 Petitioner, a state prisoner, filed this petition for writ of habeas corpus on June 13, 2021.1 The petition challenges Petitioner’s 2001 conviction on the ground that his confinement is unlawful because the murder charges were brought via an information rather than a grand jury indictment. (ECF 1.) For the following reasons, it appears that the petition is subject to dismissal. A. The petition appears to be untimely. State prisoners have one-year to file a federal application for writ of habeas 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 entitled to the benefit of the “mailbox rule,” pursuant to which a petition…

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