Black v. Kern Valley State Prison

Background

Randy Black, a California state prisoner proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 challenging his state conviction from San Francisco Superior Court. The court had screened the petition and determined that it was a mixed petition: it included both claims that had been completed through the state-court process and a claim that had not.

The court’s earlier order identified three cognizable and completed claims. It directed Black either to notify the court that he wished to remove the unfinished claim and proceed with the three remaining claims, or to file a motion asking the court to pause the case under the requirements described in the order. Mail containing that screening order was returned on August 30, 2021, with the notation “Inmate Refused.”

Ruling

The court granted Black an extension of time and ordered the Clerk to mail him a copy of the extension order and the earlier screening order. Black was required to respond to the earlier order within 28 days after the extension order was filed.

The order states that if Black again refused to receive court mail and it was returned, the court would construe that refusal as abandonment of the action and dismiss the matter. It also states that failure to respond on time would result in dismissal of the petition as a mixed petition, without further notice. Judge Beth Labson Freeman did not decide the underlying claims in this order.