Martinez

(HC) Jenkins v. Martinez

Good Law
United States District Court, Eastern District of CaliforniaDecember 7, 20231:23-cv-01591California804 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALONZO JENKINS, Case No. 1:23-cv-01591-JLT-SAB-HC

Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. AS UNTIMELY

L.A. MARTINEZ,

Respondent.

15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 6, 2023, Petitioner filed the instant federal habeas petition in the United States District Court for the Northern District of California. (ECF No. 1.) On November 9, 2023, the petition was transferred to this Court. (ECF Nos. 7, 8.) Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. §…

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