Steven Hunter v. Felipe Martinez Jr

Good Law
United States District Court, Central District of CaliforniaDecember 28, 20202:20-cv-08317California1,809 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10

STEVEN HUNTER,

Case No. 2:20-cv-08317-JAK (SHK) 12 Petitioner,

v. ORDER DISMISSING CASE FELIPE MARTINEZ, JR., Respondent. 17 18 I. BACKGROUND On August 23, 2020, Petitioner, an inmate housed at United States Penitentiary (“USP”) Victorville, constructively filed1 a Petition for a Writ of Habeas Corpus (“Petition” or “Pet.”) under 28 U.S.C. § 2241 (“§ 2241”). Electronic Case Filing Number (“ECF No.”) 1, Pet. On September 11, 2020, the Clerk of 24 1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail 25 to court, the court deems the pleading constructively “filed” on the date it is signed. Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009) (applying the mailbox rule to civil rights suits filed by pro se prisoners). 27 2 The Court notes that Petitioner has also recently filed at least six other cases in this Court. See Court notified Petitioner that he must either pay the $5.00…

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