De Los Santos v. People of the State California
- Yvonne Rogers
- 4:21-cv-02328
- U.S. District Court · Northern District of California
- 2
In De Los Santos v. People of the State California, Judge Rogers dismissed Jose De Los Santos’s federal petition without prejudice after he missed amendment and fee deadlines.
Jose De Los Santos, whose federal petition was dismissed without prejudice and whose case file was closed. The opinion does not state what happened to his detention.
What happened
In De Los Santos v. People of the State California, Jose De Los Santos, an unrepresented detainee at Santa Clara County Jail, filed a federal petition challenging his detention. He alleged a violation involving undisclosed evidence and excessive bail.
Judge Lucy H. Koh had earlier dismissed the evidence claim without permission to amend and allowed De Los Santos 45 days to correct problems with the bail claim if he could truthfully allege that he had pursued it in state court. She also denied his request to proceed without paying the filing fee and ordered him to pay $5.
Because both deadlines passed without an amended petition or payment, the court dismissed the action without prejudice and closed the file. Judge Yvonne Gonzalez Rogers issued the dismissal on February 4, 2022.
The detailed version
- De Los Santos v. People of the State California · No. 4:21-cv-02328
- Yvonne Rogers
- Feb. 4, 2022
Background
Jose De Los Santos, an unrepresented detainee at Santa Clara County Jail, filed a petition under 28 U.S.C. § 2254 asking a federal court to review his detention. He alleged two claims: a violation of Brady v. Maryland and excessive bail.
The case was initially assigned to Judge Lucy H. Koh and later reassigned to Judge Yvonne Gonzalez Rogers. In a December 10, 2021 order, Judge Koh dismissed the Brady claim without permission to amend. She allowed De Los Santos to amend the bail claim if he could truthfully allege that he had exhausted, or completed, the available state-court process for that claim. She gave him 45 days to file an amended petition and warned that failing to do so would result in dismissal without prejudice.
Judge Koh also denied De Los Santos’s request to proceed without paying the filing fee and instructed him to pay the $5 filing fee.
Ruling
The court found that both deadlines had passed: De Los Santos had not filed an amended petition and had not paid the $5 filing fee. The court therefore dismissed the action without prejudice and directed the Clerk of Court to close the file. The order did not decide the substance of the remaining bail claim.
Judge Yvonne Gonzalez Rogers entered the order on February 4, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.