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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?