Brown v. Lewis et al

Filing 11

ORDER DENYING MOTION TO AMEND by Judge Phyllis J. Hamilton denying 10 Motion to Amend/Correct (Attachments: # 1 Certificate/Proof of Service) (nahS, COURT STAFF) (Filed on 3/20/2014)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 MICHAEL IZELL BROWN SEALS, Petitioner, 8 9 11 For the Northern District of California United States District Court 10 No. C 13-3975 PJH (PR) vs. ORDER DENYING MOTION TO AMEND GREG D. LEWIS, Respondent. / 12 13 Petitioner, a former California prisoner had filed a pro se petition for a writ of habeas 14 corpus pursuant to 28 U.S.C. § 2254. The case was dismissed without prejudice when 15 mail sent to petitioner was returned as undeliverable. Petitioner has provided an updated 16 address and has filed a motion to amend. 17 Petitioner was sentenced on September 24, 2001. The court originally ordered 18 petitioner to show cause why this case should not be dismissed as untimely. Petitioner has 19 still not replied to the court’s order. Petitions filed by prisoners challenging non-capital state 20 convictions or sentences must be filed within one year of the latest of the dates on which: 21 (1) the judgment became final after the conclusion of direct review or the time passed for 22 seeking direct review; (2) an impediment to filing an application created by unconstitutional 23 state action was removed, if such action prevented petitioner from filing; (3) the 24 constitutional right asserted was recognized by the Supreme Court, if the right was newly 25 recognized by the Supreme Court and made retroactive to cases on collateral review; or (4) 26 the factual predicate of the claim could have been discovered through the exercise of due 27 diligence. 28 U.S.C. § 2244(d)(1). 28 Petitioner argued that prior bad acts were improperly admitted in his 2001 trial. To 1 proceed with this case petitioner must respond to the court’s order to show cause and file a 2 brief motion seeking to reopen the case 3 CONCLUSION 4 1. The motion to amend (Docket No. 10) is DENIED and petitioner shall show cause 5 by April 21, 2014, why this petition should not be dismissed as untimely and he shall file a 6 motion to reopen the case. 7 8 9 “S” Street, Apt. B, Eureka, CA 95501 IT IS SO ORDERED. Dated: March 20, 2014. PHYLLIS J. HAMILTON United States District Judge 11 For the Northern District of California United States District Court 10 2. The Clerk shall change the address on the docket and serve petitioner at 1215 12 G:\PRO-SE\PJH\HC.13\Brown-Seals3975.ord.wpd 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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?