Garrett
Garrett v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 CRAIG K. GARRETT, Case No. 21cv265-WQH-MDD
Plaintiff,
vs. ORDER
13 RALPH DIAZ, Secretary of Corrections 14 for CDCR; et al., Defendants. 16 The matter before the Court is the remand from the Court of Appeals for the Ninth Circuit for the limited purpose of allowing this Court to determine whether Plaintiff has filed a timely motion to reopen the time to appeal and, if so, to rule on the merits of the motion. I. Background On February 11, 2021, Plaintiff Craig K. Garrett, a state prisoner proceeding pro se, initiated this action by filing a Complaint alleging violations of 42 U.S.C. § 1983. (ECF No.1).1 On March 17, 2021, Garrett filed a Motion for Leave to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). (ECF No. 3).
27 1 Unless otherwise stated, all citations to ECF numbers refer to documents filed in the above-captioned 28 On July 29, 2021, the Court issued an…