Ramirez

Ramirez v. Robertson

Good Law
United States District Court, Northern District of CaliforniaMay 19, 20213:20-cv-02876California883 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ARTHUR NESTER RAMIREZ, Case No. 20-cv-02876-WHO (PR)

Petitioner,

ORDER TO SHOW CAUSE

v.

JAMES ROBERTSON, Respondent.

12 INTRODUCTION Petitioner Arthur Nester Ramirez seeks federal habeas relief under 28 U.S.C. § 2254 from a 2018 prison disciplinary decision that resulted in a loss of 61 days of time credits. The amended petition for such relief is now before me for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. The operative petition states a cognizable due process claim. (Dkt. No. 10.) Accordingly, on or before August 23, 2021, respondent shall file an answer or a dispositive motion in response to the habeas petition. The petition may be untimely. The prison disciplinary decision was issued in 2018, but Ramirez did not file a federal petition until 2020. Respondent is directed to consider whether the petition is untimely. If he so concludes, he may file a motion to dismiss on grounds of…

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