Christopher Poe v. Raybon Johnson

Good Law
United States District Court, Central District of CaliforniaOctober 6, 20202:20-cv-07601California3,600 words

Opinion

Trial Court Opinion

CIVIL MINUTES – GENERAL

Case No. CV 20-7601 DOC (PVC) Date: October 6, 2020 Title Christopher Poe v. Ralph Diaz, Warden

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THE

MAGISTRATE JUDGE SHOULD NOT RECOMMEND THAT

THIS ACTION BE DISMISSED BECAUSE IT IS UNTIMELY

On July 17, 2020, Christopher Poe, a California state prisoner proceeding pro se, constructively filed an application in the Ninth Circuit for permission to file a second or successive habeas petition. (“Petition,” Dkt. No. 1). However, because Petitioner had not previously filed a federal petition challenging his current custody, the Ninth Circuit concluded that he did not require prior authorization to proceed. (Dkt. No. 2 at 1). Accordingly, the Ninth Circuit transferred the matter to this Court on August 20, 2020, with instructions to process Petitioner’s application as a habeas petition under 28 U.S.C. § 2254 and…

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