No. 19-8219

Juan Gilberto Medrano v. Scott Frauenheim, Warden

Lower Court: Ninth Circuit
Docketed: 2020-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure equitable-tolling extraordinary-circumstance extraordinary-circumstances federal-habeas federal-petition habeas-corpus legal-question ninth-circuit timeliness
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Was Petitioner's 2016 Petition filed in a timely manner?

Question Presented (from Petition)

QUESTIONS PRESENTED qd) Was Petitioner’s 2016 Petition filed in a timely manner? (2) Does the dismissal of a protective federal habeas petition prior to the decision in Mena v. Long, 813 F.3d 907 (9" Cir. 2016)(“Mena”) constitute an extraordinary circumstance sufficient to warrant equitable tolling? (3) Is “purely a question of law” presented by the issue of whether dismissal of a protective federal habeas petition pre-Mena constitutes an extraordinary circumstance sufficient to warrant equitable tolling? i

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-15
Waiver of right of respondent Scott Frauenheim, Warden to respond filed.
2020-03-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2020)

Attorneys

Juan Gilberto Medrano
Jan NormanAttorney at Law, Petitioner
Jan NormanAttorney at Law, Petitioner
Scott Frauenheim, Warden
Stephanie BrenanCalifornia Department of Justice - Office of the A, Respondent
Stephanie BrenanCalifornia Department of Justice - Office of the A, Respondent