Summary
The United States District Court for the Eastern District of California discharges its November 12, 2025, order to show cause after Gerrell Hasley, Jr. filed an amended habeas petition. The court deems the amended petition operative, renders the pending motion to dismiss moot, directs the respondent to respond within 21 days, and sets the deadline for any traverse or opposition.
Topics
Practice areas
Questions Presented
- Whether the court should discharge the order to show cause and decline to impose sanctions after Petitioner filed an amended petition.
- Whether the amended petition should be deemed timely and treated as the operative pleading.
- Whether the amended petition rendered Respondent's pending motion to dismiss moot.
Holdings
- The court discharged the November 12, 2025, order to show cause without imposing sanctions because Petitioner filed an amended petition in response to the order.
- The amended petition was deemed timely, leave to amend was granted, and the amended petition superseded the original petition and became the operative petition.
- The amended petition rendered Respondent's pending motion to dismiss moot, and the Clerk was directed to terminate the motion.
Factual background
Gerrell Hasley, Jr. is a state prisoner proceeding pro se and in forma pauperis with a federal habeas petition under 28 U.S.C. § 2254. Respondent moved to dismiss, asserting that some claims were unexhausted, and Hasley initially failed to oppose the motion or file a statement of non-opposition. Hasley then filed an amended petition removing the claims identified as unexhausted.
Procedural history
The court initially found the petition cognizable under 28 U.S.C. § 2254 and directed Respondent to respond. Respondent filed a motion to dismiss on October 9, 2025. After Petitioner failed to file an opposition, the court issued a November 12, 2025, order to show cause. Petitioner subsequently filed an amended petition dated November 5 and docketed November 18, 2025. The court deemed the amended petition timely, discharged the show cause order without sanctions, treated the amended petition as operative, and terminated the motion to dismiss as moot.