Chavarria v. United States, 05-cr-01456-LAB. (2019)
Court: District Court, N.D. California
Number: infdco20190730b20
Visitors: 13
Filed: Jul. 26, 2019
Latest Update: Jul. 26, 2019
Summary: ORDER ON 2255 MOTION REGARDING STATUTE OF LIMITATIONS [Dkt. No. 107] LARRY ALAN BURNS , Chief District Judge . The Court previously informed Karla Vanessa Chavarria that her 28 U.S.C. 2241 petition, which the Court now construes as a motion under 28 U.S.C. 2255, appeared to be untimely and offered her an opportunity to show why it is timely. Dkt. No. 121; 28 U.S.C. 2255(f); United States v. Gilbert, 807 F.3d 1197 , 1201-02 (9th Cir. 2015) (untimely petitions are subject to dismi
Summary: ORDER ON 2255 MOTION REGARDING STATUTE OF LIMITATIONS [Dkt. No. 107] LARRY ALAN BURNS , Chief District Judge . The Court previously informed Karla Vanessa Chavarria that her 28 U.S.C. 2241 petition, which the Court now construes as a motion under 28 U.S.C. 2255, appeared to be untimely and offered her an opportunity to show why it is timely. Dkt. No. 121; 28 U.S.C. 2255(f); United States v. Gilbert, 807 F.3d 1197 , 1201-02 (9th Cir. 2015) (untimely petitions are subject to dismis..
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ORDER ON § 2255 MOTION REGARDING STATUTE OF LIMITATIONS
[Dkt. No. 107]
LARRY ALAN BURNS, Chief District Judge.
The Court previously informed Karla Vanessa Chavarria that her 28 U.S.C. § 2241 petition, which the Court now construes as a motion under 28 U.S.C. § 2255, appeared to be untimely and offered her an opportunity to show why it is timely. Dkt. No. 121; 28 U.S.C. § 2255(f); United States v. Gilbert, 807 F.3d 1197, 1201-02 (9th Cir. 2015) (untimely petitions are subject to dismissal and it is petitioner's burden to show entitlement to equitable tolling). She has not filed a response. If Chavarria intends to file a response addressing the limitations period issue, she must do so no later than August 12, 2019.
IT IS SO ORDERED.
Source: Leagle
