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