No. 19-5717

Ronnie C. Brown v. Jeff Macomber, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2019-08-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure due-process equitable-tolling evidentiary-hearing habeas-corpus judicial-discretion mental-capacity mental-illness pro-se pro-se-petition
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is equitable tolling available for a late-filed pro se habeas petition due to mental illness?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1 Is equitable tolling available to render a late-filed pro se habeas petition timely when the record shows that during the relevant time period the petitioner (a) was involuntarily medicated with psychotropic medications upon repeated findings that he was “gravely disabled”; (b) was suicidal: (c) suffered hallucinations; and (d) was confused and disoriented to time and place? 2. Does a district court properly deny equitable tolling on the foregoing record without holding an evidentiary hearing to allow the petitioner to further prove that he did not understand the need to timely file, was unable personally to prepare a petition for filing, and was diligent in pursuing his claims to the extent he could understand them? i

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-28
Waiver of right of respondent Jeff Macomber to respond filed.
2019-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2019)

Attorneys

Jeff Macomber
Ernesto Carlos DominguezCalifornia Attorney General's Office, Respondent
Ernesto Carlos DominguezCalifornia Attorney General's Office, Respondent
Ronnie Brown
Mark R. DrozdowskiOffice of the Federal Public Defender, Petitioner
Mark R. DrozdowskiOffice of the Federal Public Defender, Petitioner