Maurice R. Polk v. Tim V. Virga

Filing 7

ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED by Magistrate Judge Patrick J. Walsh. Response to Order to Show Cause due by 12/22/2014. See order for details. (jy)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MAURICE R. POLK,
Petitioner,

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v.
TIM V. VIRGA, WARDEN,

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Respondent.

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CASE NO. CV 14-6281-JVS (PJW)
ORDER TO SHOW CAUSE WHY PETITION
SHOULD NOT BE DISMISSED

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On May 1, 2014, Petitioner filed a Petition for Writ of Habeas

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Corpus in the District Court for the Southern District of California,

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challenging his continued incarceration in state prison.

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1-2.)

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and that, therefore, he should have already been released.

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at 2, 4).

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(Petition at

He claims that there is a sentencing error in his release date
(Petition

The Petition was subsequently transferred to this Court.

From the face of the Petition, it appears that these claims are

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not cognizable on federal habeas review.

Petitioner has not alleged

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that his continued incarceration is the result of a violation of any

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federal law or the Federal Constitution.

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McGuire, 502 U.S. 62, 67–68 (1991) (holding mere errors in the

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application of state law are not cognizable on habeas corpus).

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“Absent a showing of fundamental unfairness, a state court's

See, e.g., Estelle v.

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misapplication of its own sentencing laws does not justify federal

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habeas relief.”

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As such, absent further explanation from Petitioner, they will be

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dismissed.

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Christian v. Rhode, 41 F.3d 461, 469 (9th Cir. 1994).

IT IS THEREFORE ORDERED that, no later than December 22, 2014,

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Petitioner shall inform the Court in writing why this case should not

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be dismissed for the reasons set forth above.

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a response will result in dismissal.

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Failure to timely file

DATED: November 21, 2014

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PATRICK J. WALSH
UNITED STATES MAGISTRATE JUDGE

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S:\PJW\Cases-State Habeas\POLK, M 6281\OSC dismiss pet.wpd

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