Love v. San Diego County Jail et al

Filing 8

ORDER Granting 7 Motion to Reopen Case; Ordering Petitioner to File an Amended Petition by November 8, 2021; and Directing the Clerk to Provide Petitioner With an Amended Petition Form and this Court's March 17, 2021 Order. Signed by Judge Gonzalo P. Curiel on 10/7/21. (All non-registered users served via U.S. Mail Service including 3/17/21 Order and Amended Petition Form)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DONNY LOVE,

Case No.: 3:21-CV-0358-GPC-AHG
Petitioner,

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v.

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ORDER:

SAN DIEGO COUNTY JAIL,

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1) GRANTING PETITIONER’S
MOTION TO REOPEN CASE;

Respondent.

2) ORDERING PETITIONER TO FILE
AN AMENDED PETITION BY
NOVEMBER 8, 2021; and

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3) DIRECTING THE CLERK OF
COURT TO PROVIDE PETITIONER
WITH AN AMENDED PETITION
FORM AND THIS COURT’S MARCH
17, 2021 ORDER

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PROCEDURAL BACKGROUND
On February 26, 2021, Petitioner, a state prisoner proceeding pro se, submitted a
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. On March 17, 2021,
the Court dismissed the Petition because Petitioner failed to satisfy the filing fee
requirement and failed to name a proper respondent. See ECF No. 2. On March 31,
2021, Petitioner filed a motion to proceed in forma pauperis (“IFP”), and on April 2,
2021, the Court granted Petitioners IFP motion. ECF No. 4. In that Order, the Court
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3:21-CV-0358-GPC-AHG

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ordered Petitioner to file an amended petition by May 21, 2021, and directed the Clerk of

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Court to send to Petitioner a blank First Amended Petition form and a copy of the March

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17 Order. Id. The mail sent to Petitioner was returned as undeliverable. ECF No. 5.

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MOTION TO REOPEN CASE

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On October 4, 2021, Petitioner moved to reopen his case. ECF No. 7. In his

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motion, Petitioner explains that between March 2021 and June 2021, Petitioner was

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transferred between three different state facilities, and was without his property until June

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2021. Id. at 2. The rapid succession of transfers and subsequent delays in receiving his

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property, along with lockdowns and other measures intended to curb the spread of

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COVID-19 in prisons, prevented Petitioner from filing a change of address with the

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Court. Id. Petitioner then sought assistance discerning the status of this case, and

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discovered he had missed the May 21, 2021 deadline as dictated by this Court’s April 2,

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2021 Order, id. at 2, which was returned as undeliverable, ECF No. 5. Petitioner has now

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asked the Court to reopen his case, to allow him to file an amended petition. ECF No. 7.

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CONCLUSION

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Due to the circumstances of Petitioner’s case, the Court GRANTS Petitioners

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motion to reopen his case. Petitioner must file a First Amended Petition which cures

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the pleading deficiency, as discussed in this Court’s March 17, 2021 Order (ECF No. 2),

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no later than November 8, 2021.

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For Petitioner’s convenience, the Clerk of Court shall attach to this Order a blank

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First Amended Petition form and a copy of this Court’s March 17, 2021 Order (ECF No.

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2).

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IT IS SO ORDERED.
Dated: October 7, 2021

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3:21-CV-0358-GPC-AHG