Leon v. Foulk

Filing 21

ORDER DISMISSING as MOOT Petitioner's Motion Regarding the Date of Constructive Filing of the Petition 2 , signed by Magistrate Judge Sheila K. Oberto on 9/2/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 MARIO LEON,

Case No. 1:14-cv-00301-AWI-SKO-HC

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ORDER DISMISSING AS MOOT
PETITIONER=S MOTION REGARDING THE
DATE OF CONSTRUCTIVE FILING OF THE
PETITION (DOC. 2)

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Petitioner,
v.

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FRED FOULK, Warden,
Respondent.
Petitioner is a state prisoner proceeding pro se and in forma

19 pauperis with a petition for writ of habeas corpus pursuant to 28
20 U.S.C. § 2254.

The matter has been referred to the Magistrate Judge

21 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 303.
22 Pending before the Court is Petitioner’s request that the Court
23 determine that March 15, 2013, was the date on which the petition
24 was constructively filed pursuant to the “mailbox rule.”
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Consideration of the motion was previously deferred pending

26 receipt of Respondent’s response to the petition.

The docket

27 reflects that Respondent filed an answer to the petition on July 31,
28 2014, in which Respondent 1) stated that it did not appear that the
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1 petition was untimely filed, and 2) responded to Petitioner’s claims
2 on the merits.

(Doc. 15.)

Thus, no issue regarding the timeliness

3 of the petition is pending before the Court.
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Accordingly, it is ORDERED that Petitioner’s motion regarding

5 the date of constructive filing of the petition is DISMISSED as
6 moot.
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9 IT IS SO ORDERED.
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Dated:

September 2, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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