No. 19-7785

Jacob Daniel Wolf v. Suzanne M. Peery, Warden

Lower Court: Ninth Circuit
Docketed: 2020-02-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure criminal-appeal due-process evidentiary-hearing habeas-petition post-conviction-relief statutory-tolling time-barred timeliness
Key Terms:
DueProcess HabeasCorpus CriminalProcedure
Latest Conference: 2020-04-24
Question Presented (AI Summary)

Did the district court properly grant Respondent's motion to dismiss Wolfs habeas petition as time-barred?

Question Presented (OCR Extract)

QUESTION PRESENTED Did the district court properly grant Respondent’s motion to dismiss Wolfs habeas petition as time-barred where Respondent conceded that Wolf was entitled to a substantial period of statutory tolling and the record shows that Wolf's petition was timely under other tolling theories or at least demonstrated that he was entitled to an evidentiary hearing to further establish that his petition was timelyfiled? i PARTIES AND LIST OF PRIOR PROCEEDINGS The parties to this proceeding are Petitioner Jacob Daniel Wolf and Respondent Suzanne M. Peery, Warden, Warden of California Correctional Center in Susanville, California.! The California Attorney General Represents Respondent. Wolf was convicted in Los Angeles County Superior Court following a nocontest plea in People v. Jacob Wolf, case no. PA080317, Judge David B. Gelfound, presiding, in 2014. An excerpt of the reporter’s transcript of trial can be found at district court docket no. 20, lodgment 2. The California Court of Appeal dismissed Wolfs appeal in People v. Jacob D. Wold, No. B261515, on April 29, 2015. Petitioner’s

Docket Entries

2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-04-03
Waiver of right of respondent Suzanne M. Peery, Warden to respond filed.
2020-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2020)

Attorneys

Jacob Wolf
Tracy CasadioOffice of the Federal Public Defender, Petitioner
Tracy CasadioOffice of the Federal Public Defender, Petitioner
Suzanne M. Peery, Warden
Amanda Victoria LopezCalifornia Attorney General's Office, Respondent
Amanda Victoria LopezCalifornia Attorney General's Office, Respondent