Martinez

(HC) Griffin v. Martinez

Good Law
United States District Court, Eastern District of CaliforniaJune 3, 20201:17-cv-01137California465 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LEE GRIFFIN, Case No. 1:17-cv-01137-DAD-JDP Petitioner, ORDER EXTENDING THE DEADLINE TO

SHOW CAUSE

v.

RESPONSE DUE WITHIN 60 DAYS

JOEL D. MARTINEZ, ECF No. 31 Respondent.

16 Petitioner Robert Lee Griffin, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 30. On April 17, 2020, we issued an order to show cause why the amended petition should not be dismissed as untimely. ECF No. 31. In his response to our order to show cause, petitioner stated that he misunderstood the habeas requirements for timely filing his amended petition under Kelly v. Small, 315 F.3d 1063, 1070-71 (9th Cir. 2003). ECF No. 32. On April 29, 2020, we issued an informational order explaining the requirements for timely filing under Kelly. ECF No. 33. On May 22, 2020, petitioner responded to our informational order, stating that he is unable to conduct legal research in support of his response to our order to…

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