Hendon
Hendon v. Burton
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CARLOS DUANE HENDON, Case No. 23-cv-02775-HSG
8 Petitioner, ORDER GRANTING REQUEST TO
REOPEN TIME FOR FILING NOTICE
9 v. OF APPEAL
10 ROBERT BURTON, Re: Dkt. Nos. 18, 21 11 Defendant.
12 13 Petitioner filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 14 2254. On November 11, 2023, the Court dismissed the petition as second or successive within the 15 meaning of 28 U.S.C. § 2244(b)(2), denied a certificate of appealability, and entered judgment in 16 favor of Respondent. Dkt. Nos. 14, 15. On or about December 25, 2023, Petitioner filed a notice 17 of appeal (“NOA”).1 Dkt. No. 18. On January 31, 2024, the Ninth Circuit Court of Appeals 18 construed the NOA as a motion to reopen pursuant to Fed. R. App. P. 4(a)(6), and remanded the 19 appeal to this Court for the limited purposes of ruling on the motion to reopen. Dkt. No. 21. For 20 the reasons set forth below, the Court GRANTS the motion to reopen the…