Durant v. Matteson

Background

Anthony L. Durant, an inmate at California State Prison Solano, filed a petition under 28 U.S.C. § 2254 challenging a judgment imposed in the Alameda County Superior Court. He later filed an amended petition and a motion asking the court to pause the federal case while he pursued other claims.

On August 31, 2020, the court denied the motion to pause the case without prejudice. The court gave Durant 45 days to file a second motion addressing the problems identified in that order. It stated that, if he did not do so, the court would assume that he chose to proceed only with the claims in his current petition. Durant did not file a second motion.

Ruling and case status

The court stated that it would proceed with the amended petition because Durant had not filed a second motion. It also stated that the amended petition did not clearly appear to be without merit. The court issued an order to show cause, which required the respondent to explain why federal habeas relief should not be granted.

The respondent was given 60 days to file an answer complying with the rules for Section 2254 cases and to provide relevant portions of the previously transcribed state-court record. Instead of an answer, the respondent could file a motion to dismiss on procedural grounds. Durant would have 30 days to respond to an answer or a motion to dismiss, with additional reply deadlines applying if a motion to dismiss were filed.

The order also required Durant to keep the court informed of address changes, timely follow court orders, and send copies of his court communications to the respondent’s counsel. The court did not decide the merits of Durant’s amended petition or whether he was entitled to habeas relief.