Gary Eugene Sasser v. Craig Koenig

Good Law
United States District Court, Central District of CaliforniaJuly 22, 20212:21-cv-01396California4,754 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL

Case No. _ CV 21-1396 JGB (PVC) Date: July 22, 2021 Title Gary Eugene Sasser v. Craig Koenig, et al.

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

THIS ACTION BE DISMISSED AS UNTIMELY

On December 30, 2020, Gary Eugene Sasser (“Petitioner’’), a California state prisoner proceeding pro se, constructively filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.! (“Petition,” Dkt. No. 1). The claims in the Petition appear to be based on Petitioner’s claimed right to the protections of California Penal Code § 1016.8, effective January 1, 2020, which provides in relevant part that “[a] provision of a plea bargain that requires a defendant to generally waive future benefits of legislative…

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