Macomber
Darryl Burghardt v. Kelly Santoro
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 DARRYL BURGHARDT, No. 2:25-cv-0960-SCR Petitioner, v. ORDER FOR SUPPLEMENTAL BRIEFING KELLY SANTORO, Respondent.1 17 Petitioner is an incarcerated person representing himself in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the habeas petition on the basis that it is barred by the statute of limitations. ECF No. 9. Having reviewed the state lodged documents which demonstrate various periods of time when petitioner was mentally incompetent, the court finds it appropriate to order supplemental briefing to further develop the record in this case. See Sossa v. Diaz, 729 F.3d 1225, 1229-30 (9th Cir. 2013) (recognizing that equitable tolling involves a fact-intensive inquiry). Specifically, the parties are directed to address the following issues: 1) whether petitioner