Cates

(HC) Delacruz v. Cates

Good Law
United States District Court, Eastern District of CaliforniaMay 11, 20222:21-cv-01950California457 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALFONSO VALERIANO DELACRUZ, No. 2:21-cv-1950-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

B. CATES, Warden, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 7, 2021, the court reviewed the petition pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254. ECF No. 6. The court found that it was plain from the petition and its appended exhibits that petitioner was not entitled to federal habeas relief because the petition was barred by the statute of limitations. Id. Thus, the court ordered petitioner to show cause why the court should not summarily dismiss the petition as untimely. Id. Despite being granted several extensions of time, petitioner has not responded to the order to show cause. Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United…

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