Gatlin v. Tilton

Filing 25

ORDER For Respondent to Lodge Petitioner's Medical Records with the Court re 23 USCA Mandate, 22 USCA Memorandum. Signed by Judge Claudia Wilken on June 11, 2010. (cwlc1, COURT STAFF) (Filed on 6/11/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 16, 2008, the Court issued an Order granting Respondent's motion to dismiss based on untimeliness in which it reviewed the evidence Petitioner submitted and determined that he did not show an extraordinary circumstance meriting equitable tolling. Petitioner timely appealed and, on May 6, 2010, the Ninth v. JAMES TILTON, Respondent. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA FREDERICK GATLIN, Petitioner, No. 07-03696 CW ORDER FOR RESPONDENT TO LODGE PETITIONER'S MEDICAL RECORDS WITH THE COURT

Circuit issued an order vacating and remanding for further proceedings. The Ninth Circuit ruled that the medical records

Petitioner submitted made a colorable showing that he suffered from a serious mental illness for at least a substantial portion of the five-year period at issue. However, the court noted that, because

Petitioner proceeded pro se, the record contains only a limited and sporadic collection of his medical records so that it is difficult to gain a complete understanding of his mental health over the course of his incarceration. The court also noted that Respondent

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

represented at oral argument that it was in possession of the entirety of Petitioner's prison medical records. Therefore, the

Ninth Circuit ordered that this Court, on remand, examine Petitioner's medical records to determine the extent of his mental capacity during the relevant five-year period, and that, if the records suggest that Petitioner's mental illness affected his ability to file a habeas petition during the entire relevant period, an evidentiary hearing would be warranted. Therefore, Respondent is ordered, within ten days from the date of this Order, to lodge with the Court the entirety of Petitioner's prison medical records. The Court will review the

records and determine if an evidentiary hearing is warranted.

IT IS SO ORDERED.

Dated: June 11, 2010

CLAUDIA WILKEN United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Frederick Gatlin P-19908 California Medical Facility P-141-L P.O. Box 2000 Vacaville, CA 95696-2000 Dated: June 11, 2010 FREDERICK GATLIN, Plaintiff, v. JAMES TILTON et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV07-03696 CW CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on June 11, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Ronnie Hersler, Deputy Clerk

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