Able Freddy Johnson v. W. Montgomery

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 ABLE FREDDIE JOHNSON, ) Case No. 2:21-cv-09661-FLA-JC ) Petitioner, ) ) ORDER TO SHOW CAUSE WHY v. ) THIS ACTION SHOULD NOT BE ) DISMISSED AS TIME-BARRED W. MONTGOMERY, ) ) ) Respondent. ) 16 On or about December 10, 2021, petitioner constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”), which was formally filed on December 13, 2021.1 Pursuant to 28 U.S.C. § 2244(d), a one-year statute of limitations applies to a petition for a writ of habeas corpus by a person in state custody. The limitation period runs from the latest of: (1) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (2) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is 26 1Petitioner’s signature on the Petition is undated and the…