Chavez

Chavez v. United States

Good Law
United States District Court, Northern District of CaliforniaJune 7, 20214:20-cv-04432California796 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ANNETTE CHRISTINA CHAVEZ,

Case No. 20-cv-04432-YGR (PR) Petitioner, SECOND ORDER DIRECTING v.

RESPONDENT TO SHOW CAUSE

6 WARDEN GARCIA, Warden, WHY THE AMENDED PETITION SHOULD NOT BE GRANTED Respondent.

This federal habeas corpus action was dismissed because Petitioner failed to respond to notices from the Clerk of the Court to file a timely completed habeas corpus petition form along with an application to proceed in forma pauperis (“IFP”). She then filed her completed habeas corpus petition form and perfected her IFP application. See Dkts. 12, 13. Prison records confirmed that Petitioner’s delay in filing such documents was caused by a lack of notice because the prison “d[id] not have any record of receiving such correspondence from the courts.” Dkt. 13 at 5. In an Order dated March 2, 2021, the Court construed Petitioner’s filings as a motion to reopen the instant action, granted the motion,…

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