Sossa v. Diaz, No. 10-56104 (9th Cir. 2013)
Annotate this CasePetitioner, convicted of second degree burglary, challenged the district court's dismissal of his petition for a writ of habeas corpus on the ground that it was untimely. The court held, however, that petitioner was entitled to equitable tolling on the ground that he relied on the assigned magistrate judge's order extending the filing deadline beyond the statutory limit. The court also held that petitioner sufficiently alleged that he was precluded from filing his habeas petition within the time period provided in the magistrate judge's order to warrant further development of the record. Therefore, the court reversed the judgment of the district court, remanding for further proceedings.
Court Description: Habeas Corpus. The panel reversed the district court’s dismissal as untimely of California State prisoner Armando Jose Sossa’s habeas corpus petition challenging the constitutionality of his second degree robbery conviction. The panel held that Sossa is entitled to equitable tolling on the ground that he relied on the assigned magistrate judge’s order extending the filing deadline beyond the statutory limitation. The panel also held that Sossa sufficiently alleged that he was precluded from filing his habeas petition within the time period provided in the magistrate judge’s order to warrant further development of the record. The panel remanded to the district court for further proceedings to determine whether Sossa is eligible for equitable tolling on the ground that he was unable to utilize the prison’s law library and other resources, and also whether he was entitled to the statutory tolling to which the magistrate judge assumed he was for purposes of his ruling.
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