Ricolcol

Susan Andrea Cavadas v. Ricolcol

Good Law
United States District Court, Central District of CaliforniaJanuary 21, 20252:24-cv-09193California1,681 words

Opinion

trial_court Opinion

I. BACKGROUND

A. Initial Petition On October 16, 2024, Susan Andrea Cavadas (“Petitioner”) constructively1 filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. (“Petition” at Dkt. 1.) Petitioner is an inmate in the custody of the Federal Bureau of Prisons (“BOP”) housed at FCI Victorville. (Id. at 1.) According to BOP public records, her current release date is November 22, 2025. See BOP Inmate Locator, https://www.bop.gov/inmateloc/. The Petition alleged that on January 18, 2024, Petitioner was sentenced to 62 months in

1 “Under the mailbox rule, a prisoner’s pro se habeas petition is deemed filed when he hands it over to prison authorities for mailing to the relevant court.” Campbell v. Henry, 614 F.3d 1056, 1058-59 (9th Cir. 2010) (citation omitted); see also Houston v. Lack, 487 U.S. 266, 268 (1988). A court generally deems a habeas petition filed on the day it is signed, because it assumes the petitioner turned the petition over to prison authorities for mailing that day. See Butler v. Long, 752 F.3d 1177, 1178 n.1 (9th Cir. 2014); Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010).

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-09193-JGB-KES …

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