Johnson v. Hatton

Filing 33

ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/11/18 ORDERING Within 21 days, petitioner shall file a document in which petitioner indicates in clearterms whether he disputes that on or around December 16, 2014 he received, from the California Court of Appeal, a document titled Remittitur. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KENNETH JOHNSON,

12

No. 2:16-cv-2744 KJM CKD P

Petitioner,

13

v.

ORDER

CRAIG KOENIG,1

14
15

Respondent.

16
Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas

17
18

corpus under 28 U.S.C. § 2254. On October 27, 2017, the court recommended that a motion to

19

dismiss brought by respondent be granted, and that this action be dismissed as time-barred.
On April 13, 2018, the district court judge assigned to this case remanded for resolution of

20
21

what the district court identifies as a material dispute of fact. Specifically, whether petitioner

22

received a document titled “Remittitur” issued by the California Court Appeal on December 11,

23

2014 around the time it was issued or later in 2016.

24

/////

25

/////

26

1

27

Mr. Koening, the Warden at the Correctional Training Facility in Soledad, petitioner’s place of
incarceration, is hereby substituted as the respondent in this action pursuant to Rule 2(a) of the
Rules Governing Section 2254 Cases.

28
1

1

In documents filed by petitioner after the district court’s order (ECF Nos. 29 & 32),

2

petitioner appears to indicate that he does not dispute that he received the remittitur around the

3

time it was issued on December 11, 2014.

4

Good cause appearing, IT IS HEREBY ORDERED that:

5

1. Within 21 days, petitioner shall file a document in which petitioner indicates in clear

6

terms whether he disputes that on or around December 16, 2014 he received, from the California

7

Court of Appeal, a document titled “Remittitur.”

8
9
10

2. Failure to comply with this order will result in a recommendation that this action be
dismissed.
Dated: July 11, 2018

11
12
13
14
15
16

1
john2744.mi

17
18
19
20
21
22
23
24
25
26
27
28
2