Peni Jr. Siulua v. O’Brian Bailey, Warden, et al.

• Court: District Court, S.D. California
• Decided: November 24, 2025
• Docket: 3:25-cv-02266
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PENI JR. SIULUA, Case No.: 25cv2266-AJB(LR)

12 Petitioner, ORDER REQUIRING RESPONSE 13 v. TO AMENDED PETITION (28 U.S.C. § 2254) 14 O’BRIAN BAILEY, Warden, et al., 15 Respondents. 16 17 On July 3, 2025, Peni Jr. Siulua (“Petitioner”), a state prisoner proceeding pro se, 18 filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 in the Ninth Circuit 19 Court of Appeals along with a motion to proceed in forma pauperis. (ECF Nos. 1-2.) On 20 August 19, 2025, the Ninth Circuit issued an Order directing the transfer of the instant case 21 to this Court “for whatever consideration that court deems appropriate,” citing Fed. R. App. 22 P. 22(a) and 28 U.S.C. §§ 1631, 2241(b), and stated that: “This transfer order is issued 23 without regard to whether petitioner’s claims have any merit or satisfy the procedural 24 requirements of 28 U.S.C. §§ 2244(d) and 2254.” (ECF No. 1-3 at 1-2.) The Ninth Circuit 25 also directed that: “The petition is deemed filed on June 29, 2025, the date it was signed.” 26 (Id. at 1, citing Butler v. Long, 752 F.3d 1177, 1178 n.1 (9th Cir. 2014).) On September 2, 27 2025, the instant case was opened as directed. (See generally docket.) On September 15, 28 2025, the Court denied the motion to proceed in forma pauperis, dismissed the case without 1 prejudice, and directed Petitioner that to have the case reopened, he must submit both a 2 completed Amended Petition form curing the identified pleading deficiencies along with 3 either the $5.00 filing fee or adequate proof of his inability to pay the fee, on or before 4 November 14, 2025. (ECF No. 3.) Petitioner subsequently timely paid the $5.00 filing fee 5 and timely filed an Amended Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 6 § 2254. (ECF Nos. 4-5.) In accordance with Rule 4 of the rules governing petitions for a 7 writ of habeas corpus pursuant to 28 U.S.C. § 2254, and upon a preliminary review of the 8 Amended Petition, IT IS ORDERED that: 9 1. The Clerk of this Court must promptly (a) serve a copy of the Amended 10 Petition and a copy of this Order on the Attorney General for the State of California, or his 11 authorized agent; and (b) serve a copy of this Order on Petitioner. 12 2. Respondent must file a “Notice of Appearance” no later than December 8, 13 2025. 14 3. If Respondent contends the Amended Petition can be decided without the 15 Court’s reaching the merits of Petitioner’s claims (e.g., because Respondent contends 16 Petitioner has failed to exhaust any state remedies as to any ground for relief alleged in the 17 Amended Petition, or that the Amended Petition is barred by the statute of limitations, or 18 that the Amended Petition is subject to dismissal under Rule 9 of the Rules Governing 19 § 2254 Cases, or that all of the claims are procedurally defaulted, or that Petitioner is not 20 in custody), Respondent must file a motion to dismiss pursuant to Rule 4 of the Rules 21 Governing § 2254 Cases no later than January 23, 2026. The motion to dismiss must not 22 address the merits of Petitioner’s claims, but rather must address all grounds upon which 23 Respondent contends dismissal without reaching the merits of Petitioner’s claims is 24 warranted.1 At the time the motion to dismiss is filed, Respondent must lodge with the 25

26 27 1 If Respondent contends Petitioner has failed to exhaust any state remedies as to any ground for relief alleged in the Amended Petition, the motion to dismiss must also specify 28 1 Court all records bearing on Respondent’s contention in this regard. A hearing date is not 2 required for the motion to dismiss. 3 4. If Respondent files a motion to dismiss, Petitioner must file his opposition, if 4 any, to the motion no later than February 23, 2026. At the time the opposition is filed, 5 Petitioner must lodge with the Court any records not lodged by Respondent which 6 Petitioner believes may be relevant to the Court’s determination of the motion. 7 5. Unless the Court orders otherwise, Respondent must not file a reply to 8 Petitioner’s opposition to a motion to dismiss. If the motion is denied, the Court will afford 9 Respondent adequate time to respond to Petitioner’s claims on the merits. 10 6. If Respondent does not contend that the Amended Petition can be decided 11 without the Court reaching the merits of Petitioner’s claims, Respondent must file and 12 serve an answer to the Amended Petition, and a memorandum of points and authorities in 13 support of such answer, pursuant to Rule 5 of the Rules Governing § 2254 Cases no later 14 than January 23, 2026. At the time the answer is filed, Respondent must lodge with the 15 Court all records bearing on the merits of Petitioner’s claims. The lodgments must be 16 accompanied by a notice of lodgment which must be captioned “Notice of Lodgment in 17 28 U.S.C. § 2254 Habeas Corpus Case — To Be Sent to Clerk’s Office.” Respondent 18 must not combine separate pleadings, orders or other items into a combined lodgment 19 entry. Each item must be numbered separately and sequentially. 20 7. Petitioner may file a traverse to matters raised in the answer no later than 21 February 23, 2026. Any traverse by Petitioner (a) must state whether Petitioner admits or 22 denies each allegation of fact contained in the answer; (b) must be limited to facts or 23 arguments responsive to matters raised in the answer; and (c) must not raise new grounds 24 for relief that were not asserted in the Amended Petition. Grounds for relief withheld until 25 the traverse will not be considered. No traverse can exceed ten (10) pages in length absent 26 advance leave of Court for good cause shown. 27 8. A request by a party for an extension of time within which to file any of the 28 pleadings required by this Order must be made at least seven (7) days in advance of the 1 || due date of the pleading, and the Court will grant such a request only upon a showing of 2 ||good cause. Any such request must be accompanied by a declaration under penalty of 3 || perjury explaining why an extension of time is necessary. 4 9. Unless otherwise ordered by the Court, this case will be deemed submitted on 5 || the day following the date Petitioner’s opposition to a motion to dismiss and/or his traverse 6 due. 7 10. Every document delivered to the Court must include a certificate of service 8 || attesting that a copy of such document was served on opposing counsel (or on the opposing 9 || party, if such party is not represented by counsel). Any document delivered to the Court 10 |} without a certificate of service will be returned to the submitting party and will be 11 || disregarded by the Court. 12 11. Petitioner must immediately notify the Court and counsel for Respondent of 13 || any change of Petitioner’s address. If Petitioner fails to keep the Court informed of where 14 || Petitioner may be contacted, this action will be subject to dismissal for failure to prosecute. 15 || IT ISSO ORDERED. 16 ||Dated: November 24, 2025 17 LY 18 Honorable Lupe Rodriguez, Jr. 19 United States Magistrate Judge 20 21 22 23 24 25 26 27 28