Jones

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JERMAINE JONES,

Case No. 21-cv-07157-RS (PR) Petitioner, 5 v. ORDER TO SHOW CAUSE

JEFF LYNCH,

7 Respondent.

9 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 August 21, 2023. The petition may be untimely. Petitioner was convicted in 2018, but he did not file his federal habeas petition until 2021. (Dkt. No. 9.) The petition was dismissed in December 2021 and petitioner did not file a motion to reopen until November 2022. (Dkt. Nos. 7 and 10.) On these facts, it appears the petition was not filed within AEDPA’s one- year limitations filing period. If respondent concludes the petition is untimely, he may wish to file a motion to dismiss on…