Warden

Son Kim Tran v. Warden

Good Law
United States District Court, Central District of CaliforniaJune 23, 20232:23-cv-04984California2,915 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION SON KIM TRAN, ) No. 2:23-cv-04984-JLS-JDE ) Petitioner, ) ) ORDER TO SHOW CAUSE WHY v. ) THE PETITION SHOULD NOT BE ) WARDEN (ONLY SO-CALLED ) DISMISSED ) “AUTHORITY” UNDER ACT(S) )

OF FRAUD), )

) 16 ) Respondent. )

I. INTRODUCTION On June 17, 2023,1 Son Kim Tran (“Petitioner”), a state prisoner proceeding pro se, constructively filed a “Petition Under 28 U.S.C. § 2241 for 22 23 1 Under the “mailbox rule,” “a legal document is deemed filed on the date a 24 petitioner delivers it to the prison authorities for filing by mail.” Lott v. Mueller, 304 F.3d 918, 921 (9th Cir. 2002). In the absence of evidence to the contrary, courts have treated a petition as delivered to prison authorities on the date the petition is signed. 26 In this case, the Petition reflects it was signed by Petitioner or June 17, 2023. Pet. at 17…

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