Legal Opinion

In re Andres

California Court of Appeal

Decided February 23, 2016No. D067039PublishedCited by 4 opinions

1Opinion of the Court

Opinion

BENKE, Acting P. J.

Daniel Paramo, warden at Richard J. Donovan Correctional Facility (collectively RJDCF), appeals the superior court’s order granting petitioner Kevin Andres’s petition for writ of habeas corpus (petition). The court found that Andres properly prepared and timely submitted via institutional mail an administrative appeal involving an incident that occurred on January 20, 2013, despite the fact the RJDCF appeals office never received the appeal. Without reaching the merits, the court merely ordered RJDCF to process Andres’s appeal as being timely received. Affirmed.

BACKGR…

2Cases cited2 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. In re DouglasCalifornia Court of Appeal · 2011

3Cited by4 opinions

  1. Andres v. MarshallCourt of Appeals for the Ninth Circuit · 2017
  2. (PC) Gilbert v. AllisonDistrict Court, E.D. California · 2021
  3. In re ButlerCalifornia Court of Appeal · 2020
  4. Kevin Andres v. MarshallCourt of Appeals for the Ninth Circuit · 2017

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