Brown v. Lewis et al

Filing 6

ORDER TO SHOW CAUSE. Petitioner shall show cause by 12/16/2013. Signed by Judge Phyllis J. Hamilton on 11/14/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 11/14/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 MICHAEL IZELL BROWN SEALS, Petitioner, 8 9 vs. ORDER FOR PETITIONER TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE DISMISSED GREG D. LEWIS, Respondent. 11 For the Northern District of California United States District Court 10 No. C 13-3975 PJH (PR) / 12 13 Petitioner, a California prisoner currently incarcerated at Pelican Bay State Prison 14 has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 15 Petitioner was sentenced on September 24, 2001. The court originally ordered petitioner to 16 show cause why this case should be dismissed as untimely. That order was returned to 17 the court as undeliverable and petitioner has since filed an amended complaint regarding 18 the same conviction in 2001. Petitioner will again be ordered to show cause. 19 Petitions filed by prisoners challenging non-capital state convictions or sentences 20 must be filed within one year of the latest of the dates on which: (1) the judgment became 21 final after the conclusion of direct review or the time passed for seeking direct review; (2) 22 an impediment to filing an application created by unconstitutional state action was 23 removed, if such action prevented petitioner from filing; (3) the constitutional right asserted 24 was recognized by the Supreme Court, if the right was newly recognized by the Supreme 25 Court and made retroactive to cases on collateral review; or (4) the factual predicate of the 26 claim could have been discovered through the exercise of due diligence. 28 U.S.C. § 27 2244(d)(1). 28 1 Petitioner argues that prior bad acts were improperly admitted in his 2001 trial. 2 Petitioner shall show cause why this petition should not be dismissed as being untimely by 3 many years. 4 5 6 7 8 CONCLUSION 1. Petitioner shall show cause by December 16, 2013, why this petition should not be dismissed as untimely. If he does not, the case will be dismissed. 2. The Clerk shall change the name on the docket and address all future filings to petitioner as Michael Izell Brown Seals to insure he receives his mail.1 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 Dated: November 14, 2013. PHYLLIS J. HAMILTON United States District Judge 12 13 14 G:\PRO-SE\PJH\HC.13\Brown-Seals3975.osc-p2.wpd 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Petitioner has filed dozens of cases under both names but it appears that mail addressed to “Michael Izell Brown” has difficulty reaching him. 2

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