Matteson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MARCOS R. CHAVEZ,

Case No. 22-cv-02819-RS (PR) Plaintiff, 8 v. ORDER TO SHOW CAUSE

GIGI MATTESON,

10 Defendant.

12 INTRODUCTION Petitioner seeks federal habeas relief under 28 U.S.C. § 2254. The petition for such relief is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. The petition states cognizable claims. Respondent shall file a response to the petition on or before January 9, 2023. The petition appears to be untimely. Petitioner was convicted in 2016 and the instant petition was not filed until 2022, which is certainly outside the one-year statute of limitations period for filing a federal habeas petition. See 28 U.S.C. § 2244(d)(1). Respondent is directed to consider first if the petition is in fact untimely. If respondent concludes that it is untimely, she may file a motion to dismiss on such grounds, though she is not required to do…