(HC) Brown v. Northern Kern State Prison, et al.
ORDER GRANTING 20 Petitioner's Motion for Review of Petition, signed by Magistrate Judge Helena M. Barch-Kuchta on 1/8/2022. (Marrujo, C)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
KENYON DERRAL BROWN,
Case No. 1:21-cv-01061-NONE-HBK
ORDER GRANTING PETITIONER’S
MOTION FOR REVIEW OF PETITION
(Doc. No. 20)
NORTH KERN STATE PRISON,
DIRECTOR OF CDCR,
Pending before the Court is Petitioner’s pleading docketed by the clerk as a “motion for
summary judgment” on October 27, 2021. (Doc. No. 20). Petitioner, who is pro se, has pending
a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). In his one-page
pleading, Petitioner asks the Court “to make a ruling in the interests of justice” because he
believes he has “proved cognizable claims.” (Doc. No. 20 at 1). The Supreme Court has
instructed the federal courts to liberally construe the “inartful pleading[s]” of pro se litigants.
Boag v. MacDougall, 454 U.S. 364, 365 (1982). The Court liberally construes Petitioner’s
pleading as a motion for the Court to undertake a review of the petition and respondent’s answer
and issue a ruling in this case.
Courts exercise discretion in how to manage their own docket. Ferdik v. Bonzelet, 963
F.2d 1258, 1261 (9th Cir. 1992). And while this Court endeavors to handle all matters as
expeditiously as possible, this Court has “long labored under one of the heaviest caseloads in the
nation.” See Standing Order in Light of Ongoing Judicial Emergency in Eastern District of
California. Accordingly, Petitioner is advised that the Court will issue findings and
recommendations regarding his petition once it completes review of the record in this case
bearing in mind its current docket and other pending matters. Consequently, Petitioner’s motion
for review is granted to the extent that the Court will consider and review this matter as quickly as
its caseload permits.
Accordingly, it is ORDERED:
Petitioner’s construed motion for review of the petition (Doc. No. 20) is GRANTED to
the limited extent that the Court will review this case as expeditiously as possible considering its
January 8, 2022
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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?