Alfonso Aranda v. Gavin Newsom

Good Law
United States District Court, Central District of CaliforniaJuly 30, 20212:21-cv-04958California1,008 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 DISMISSING PETITION

13 v. 14 GAVIN NEWSOM, et al., 15 Respondents. 16 17 Petitioner, a state prisoner, filed this petition for writ of habeas corpus on June 13, 2021. Petitioner is currently serving a sentence of life without the possibility of parole as a result of his 2001 conviction for murder. Petitioner challenges his 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.) On June 29, 2021, the Magistrate Judge ordered Petitioner to show cause why the petition should not be dismissed as time barred and/or for failure to state a

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 is deemed filed on the date on which it was handed it to the proper prison…

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