Baughman

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JUAN MANUEL MONTENEGRO FLORES, Case No. 1:18-cv-00707-LJO-SAB-HC

Petitioner, ORDER GRANTING PETITIONER’S

MOTION TO REOPEN TIME TO APPEAL

v.

ORDER DIRECTING CLERK OF COURT

DAVID BAUGHMAN, TO SERVE ORDER ON NINTH CIRCUIT

COURT OF APPEALS

Respondent.

16 Petitioner is a state prisoner who proceeded pro se with a first amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 that was dismissed on August 15, 2019. (ECF No. 25). On October 3, 2019, the Court received the notice of appeal. (ECF No. 30). On December 24, 2019, the United States Court of Appeals for the Ninth Circuit remanded the case to this Court for the limited purpose of considering whether Petitioner’s pro se notice of appeal and response to the Ninth Circuit’s order to show cause “may properly be considered together as a motion to reopen pursuant to Federal Rules of Appellate Procedure 4(a)(6) and, if so, whether the motion should be granted.” (ECF No. 33 at 2). In the notice of appeal,…