Eugene E. Taylor v. Brandon Price
Opinion
Trial Court Opinion
I.
INTRODUCTION
On June 28, 2021, Petitioner Eugene Eldridge Taylor (“Petitioner”) constructively filed1 a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 (“Section 2254”). ECF Docket No. (“Dkt.”) 1. Petitioner challenges his 2019 indefinite civil commitment at Coalinga State Hospital as a sexually violent predator (“SVP”). Id. at 1. As discussed below, the Court orders Petitioner to show cause why the Petition should not be dismissed because Petitioner has not exhausted his state remedies with respect to the single claim raised in the Petition.
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Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010) (citation omitted); see also Jones v. Blanas, 393 F.3d 918, 926 (9th Cir. 2004) (holding civilly confined individuals are entitled to the “mailbox rule”)