Warden
Paul Hupp v. Warden
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. 5:21-cv-1670-RSWL (MAR) Date: November 2, 2021 Title: Present: The Honorable: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE
ERICA BUSTOS N/A
Deputy Clerk Court Reporter / Recorder
Attorneys Present for Petitioner: Attorneys Present for Defendants:
N/A N/A
Proceedings: (In Chambers) ORDER TO SHOW CAUSE WHY FIRST AMENDED
PETITION SHOULD NOT BE SUMMARILY DISMISSED AS
UNTIMELY
On September 23, 2021, Petitioner Paul Hupp (“Petitioner”), proceeding pro se, constructively filed1 a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 (“section 2254”) challenging his January 30, 2019 conviction. ECF Docket No. (“Dkt.”) 1 at 1. On October 12, 2021, the Court ordered Petitioner to file a First Amended Petition. Dkt. 3.
On October 22, 2021, Petitioner constructively filed: a First Amended Petition (“FAP”), Dkt. 6; a Reply to the Court’s October 12, 2021 Minute Order, Dkt. 7; and a “Motion for Extension of Time to File for 90 days to exhaust State Habeas Corpus Action” (“Motion”) requesting a “90- day…