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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 DONNY LOVE, Case No.: 3:21-CV-0358-GPC-AHG Petitioner, 11 12 v. 13 ORDER: SAN DIEGO COUNTY JAIL, 14 1) GRANTING PETITIONER’S MOTION TO REOPEN CASE; Respondent. 2) ORDERING PETITIONER TO FILE AN AMENDED PETITION BY NOVEMBER 8, 2021; and 15 16 17 3) DIRECTING THE CLERK OF COURT TO PROVIDE PETITIONER WITH AN AMENDED PETITION FORM AND THIS COURT’S MARCH 17, 2021 ORDER 18 19 20 21 22 23 24 25 26 27 28 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 1 3:21-CV-0358-GPC-AHG 1 ordered Petitioner to file an amended petition by May 21, 2021, and directed the Clerk of 2 Court to send to Petitioner a blank First Amended Petition form and a copy of the March 3 17 Order. Id. The mail sent to Petitioner was returned as undeliverable. ECF No. 5. 4 MOTION TO REOPEN CASE 5 On October 4, 2021, Petitioner moved to reopen his case. ECF No. 7. In his 6 motion, Petitioner explains that between March 2021 and June 2021, Petitioner was 7 transferred between three different state facilities, and was without his property until June 8 2021. Id. at 2. The rapid succession of transfers and subsequent delays in receiving his 9 property, along with lockdowns and other measures intended to curb the spread of 10 COVID-19 in prisons, prevented Petitioner from filing a change of address with the 11 Court. Id. Petitioner then sought assistance discerning the status of this case, and 12 discovered he had missed the May 21, 2021 deadline as dictated by this Court’s April 2, 13 2021 Order, id. at 2, which was returned as undeliverable, ECF No. 5. Petitioner has now 14 asked the Court to reopen his case, to allow him to file an amended petition. ECF No. 7. 15 CONCLUSION 16 Due to the circumstances of Petitioner’s case, the Court GRANTS Petitioners 17 motion to reopen his case. Petitioner must file a First Amended Petition which cures 18 the pleading deficiency, as discussed in this Court’s March 17, 2021 Order (ECF No. 2), 19 no later than November 8, 2021. 20 For Petitioner’s convenience, the Clerk of Court shall attach to this Order a blank 21 First Amended Petition form and a copy of this Court’s March 17, 2021 Order (ECF No. 22 2). 23 24 IT IS SO ORDERED. Dated: October 7, 2021 25 26 27 28 2 3:21-CV-0358-GPC-AHG

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