(HC) Treon v. Federal Bureau of Prisons

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND A. TREON, Case No. 1:25-cv-00122-HBK (HC)1 12 Petitioner, ORDER GRANTING RESPONDENT’S MOTION TO VACATE AND RESET 13 v. BRIEFING SCHEDULE AS TO PETITIONER’S SECOND AMENDED 14 FEDERAL BUREAU OF PRISONS., PETITION FOR WRIT OF HABEAS CORPUS

15 Respondent.

16 17 18 On March 17, 2025, Petitioner Raymond A. Treon, a federal prisoner proceeding pro se, 19 filed his first amended petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 7). 20 The Court screened the amended petition and ordered Respondent to file a response. (Doc. No. 21 8). However, before the deadline to respond, the Court vacated the briefing schedule to address 22 the impact of Petitioner’s two later-filed petitions. (Doc. No. 14). Subsequently, the Court 23 construed Petitioner’s later-filed petition as a motion to amend; granted Petitioner leave to file a 24 second amended petition; and ordered Petitioner to deliver his second amended petition to 25 correctional officials for mailing no later than June 23, 2025. (Doc. No. 16). Petitioner failed to 26 file a second amended petition by the deadline and, on July 7, 2025, the Court deemed the first 27 1 Both parties have consented to the jurisdiction of a magistrate judge in accordance with 28 U.S.C. 28 §636(c)(1). (Doc. No. 13). 1 amended petition the controlling petition and ordered Respondent to file a response. (Doc. No. 2 17). 3 On August 26, 2025, two days before Respondent’s deadline to file a response, a letter 4 from a third party was docketed, indicating that Petitioner was “not receiving all his legal mail” 5 and had “previously submitted documents in connection with his habeas corpus petition, but 6 according to the docket those materials were not received.” (Doc. No. 20). A copy of 7 Petitioner’s second amended petition was included with the letter and docketed separately the 8 same day. (Doc. No. 21). The second amended petition is dated June 10, 2025. (Id. at 5). 9 On August 28, 2025, Respondent moved to vacate the existing briefing schedule and reset 10 a briefing schedule for the second amended petition. (Doc. No. 22). 11 While the second amended petition was filed outside the deadline previously set by the 12 Court, the Court finds a further extension warranted. Accordingly, the Court deems the second 13 amended petition the operative pleading. Further, having conducted a preliminary review of the 14 second amended petition, it is not clear from the face of the petition whether Petitioner is entitled 15 to relief. 16 Accordingly, it is ORDERED: 17 1. Respondent’s motion to vacate the previous briefing schedule (Doc. No.22) is 18 GRANTED. 19 2. Petitioner’s second amended petition (Doc. No. 21) is deemed the operative pleading. 20 3. No later than thirty (30) days from the date of entry of this Order, Respondent is 21 DIRECTED to respond to each ground and argument raised in the second amended 22 petition and show cause why the petition should not be granted. A response may be one 23 of the following: 24 (A) An answer addressing the merits of the petition. This response, which may not 25 exceed fifty (50) pages in length without the court’s leave, 26 i. must set forth the facts and procedural history of the case and address each 27 ground, allegation, and argument raised in the petition. Conclusory 28 statements and summary arguments that petitioner is not entitled to 1 relief are not acceptable responses. 2 ii. the Court recognizes that counsel on behalf of the government and/or 3 Institution may wish to respond on separate issues raised in the petition. 4 However, the Court will accept only one “Answer.” Such Answer must 5 contain all argument with respect to all issues raised in the petition, 6 whether formulated by counsel for the government or the institution. 7 (B) A motion to dismiss the petition. This limited response must include only portions 8 of the record necessary for the court to decide the bar to a merits review. 9 4. Respondent is DIRECTED to electronically file all transcripts and other 10 documents necessary for resolving the issues presented in the petition. See R. 11 Governing Section 2254 Cases 5(c). 12 (A) The record must include – as separate exhibits – all relevant 13 transcripts or other documents relevant to the resolution of the issues 14 presented in the petition, including, but not limited to, 15 i. copies of appeals taken by a prisoner within the prison and 16 before the Bureau of Prisons. 17 ii. any relevant briefing submitted by petitioner or prosecution in 18 trial and appellate courts; and 19 iii. any relevant opinions and dispositive orders of the trial and 20 appellate courts. 21 (B) The record must include an electronically bookmarked index with 22 sufficiently detailed bookmarks that identify the title of each exhibit 23 and the page location within the record as filed in CM/ECF. Failure 24 to do so may result in the court directing Respondent to refile the 25 relevant documents. 26 5. If Respondent files an answer to the petition, Petitioner may file a reply within 27 thirty (30) days of the date of service of Respondent’s answer. The reply 28 must not exceed twenty (20) pages without the court’s leave. If no reply is 1 filed within thirty (30) days, the petition and answer are deemed submitted. 2 The Court will not address new grounds raised in the reply. See United States 3 v. Cox 7 F.3d 1458, 1463 (9th Cir. 1993). 4 6. If Respondent moves to dismiss, Petitioner must file an opposition or 5 statement of non-opposition within twenty-one (21) days of the date of 6 service of Respondent’s motion. Any reply to an opposition to the motion to 7 dismiss must be filed within seven (7) days after the opposition is served. 8 7. All motions shall be submitted on the record and briefs filed without oral 9 argument unless otherwise ordered by the Court. 10 8. Extensions of time will be granted only upon a showing of good cause. 11 | Dated: _ August 29, 2025 Wile. Th fareh Zack 13 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE

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