Gilbert I. Serrano v. Warden
| Gilbert I Serrano, Sr |
| Warden |
| 2:2023cv09947 |
| November 20, 2023 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| Mark C Scarsi |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Motion to Extend Time to File |
| None |
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| Filing 3 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: DISMISSAL ORDER (JS-6)Gilbert I. Serrano, Sr., submitted correspondence to the Clerk of Courtdiscussing his pending post-conviction proceedings in the California state courts. (Letter, ECF No. 1.) Mr. Serrano expressed concern over his deadline to file a federal habeas petition and instructed the Clerk not to "send back [his] documents without a case number in this court." (Id. at 1.) The Clerk processed the correspondence as an application for an extension of time to file a federal habeas petition and opened a new civil case. But there is nothing for the Court or the Clerk to do at this juncture.The Court and the Clerk cannot give Mr. Serrano an advisory opinion as to the statute of limitations for bringing a petition for a writ of habeas corpus under 28 U.S.C. 2254 in federal court. This dismissal is without prejudice. Mr. Serrano may elect to file a protectivehabeas petition that preserves his right to prosecute exhausted claims that might become untimely if he waited to bring an initial petition until after he exhausts his unexhausted claims in the state courts. The Court directs the Clerk to send Mr. Serrano the Central District of California's "State Habeas Corpus Packet," which also may be accessed electronically by visiting https://www.cacd.uscourts.gov/forms/statehabeas-corpus-packet. This Order shall constitute notice of entry of judgment pursuant to Federal Rule of Civil Procedure 58. Pursuant to Local Rule 58-6, the Court orders the Clerk to treat this Order, and its entry on the docket, as an entry of judgment.(Made JS-6. Case Terminated.) (lc) |
| Filing 2 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Mark C. Scarsi and referred to Magistrate Judge Alicia G. Rosenberg, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (sh) |
| Filing 1 APPLICATION for Extension of Time to File 28:2254 Petition for Writ of Habeas Corpus filed by Petitioner Gilbert I Serrano, Sr. (sh) |
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| Petitioner: Gilbert I Serrano, Sr | |
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| Respondent: Warden | |
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