Gearhart v. Gastelo
- William Orrick
- 3:18-cv-06017
- U.S. District Court · Northern District of California
- 2
In Gearhart v. Gastelo, Judge Orrick reopened the case but dismissed the amended habeas petition, allowing Gearhart to file a more complete petition.
Kevin A. Gearhart must file a properly completed second amended petition by the stated deadline if he wishes to continue pursuing his claims; Josie Gastelo remains the sole respondent, and Rosemary Ndoh was terminated as a respondent.
What happened
In Gearhart v. Gastelo, Kevin A. Gearhart asked to reopen his federal petition after a stay that allowed him to pursue claims in state court. He filed a first amended petition.
The court said the amended petition did not explain the claims or provide specific supporting facts, and it was not submitted on the court’s required form. The court also determined that Josie Gastelo was the only proper respondent and removed Rosemary Ndoh from the case.
The court dissolved the stay and reopened the action, but dismissed the first amended petition with leave to amend. Judge Orrick gave Gearhart until November 16, 2020, to file a second amended petition containing all claims he wished to pursue.
The detailed version
- Gearhart v. Gastelo · No. 3:18-cv-06017
- William Orrick
- Sept. 30, 2020
Background
This federal habeas case had been stayed at Kevin A. Gearhart’s request so that he could exhaust claims in state court. Gearhart moved to reopen the action and filed a first amended petition.
Court’s analysis
The court concluded that the first amended petition could not proceed as filed. It stated the claims without explanation and did not use the court’s form. The court explained that a federal habeas petition must identify the claims for relief and provide specific facts supporting each claim.
The court also addressed the respondents. It determined that Josie Gastelo, identified as the warden of the prison where Gearhart was housed, was the sole proper respondent because she was the custodian with day-to-day control over Gearhart. The court directed the Clerk to terminate Rosemary Ndoh as a respondent.
Ruling
The court dissolved the stay and reopened the action. It dismissed the first amended petition with leave to file another amended petition on the court’s form by November 16, 2020. The second amended petition had to include all claims Gearhart wished to present, the case caption and civil case number, and the words “SECOND AMENDED PETITION” on its first page. The court’s order was issued by Judge Liam H. Orrick.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.