Martinez

Martinez v. Robertson

Good Law
United States District Court, Northern District of CaliforniaMarch 28, 20224:21-cv-01091California919 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RENE MARTINEZ,

Case No. 21-cv-01091-YGR (PR) Petitioner, ORDER REOPENING ACTION; v.

GRANTING IN FORMA PAUPERIS

STATUS; AND DIRECTING PETITIONER JIM ROBERTSON, Warden, TO SHOW CAUSE WHY PETITION Respondent. SHOULD NOT BE DISMISSED WITHOUT PREJUDICE AS UNEXHAUSTED

I. MOTION TO REOPEN ACTION This federal habeas corpus action was dismissed because petitioner failed to perfect his application to proceed in forma pauperis (“IFP”). Dkts. 7, 8. He since has perfected his IFP application. See Dkt. 10. Before the Court is petitioner’s motion entitled, “Motion for Extension of Time,” which will be construed as a motion to reopen the instant action since he has perfected his IFP application. Dkt. 9. His motion is GRANTED, and the action is REOPENED. The Court shall now review the instant petition for a writ of habeas corpus pursuant to 28…

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