Allen v. Calderon
No. 02-16917 (5-3-05). A pro se petitioner in habeas misses some filing deadlines. He argues that he didn't understand the consequences because he is mentally ill and incompetent. The district court still dismisses, despite affidavits from fellow inmates and a psychiatric report with a diagnosis of schizophrenia. The 9th reverses, finding that there was a real issue of whether the petitioner was competent to respond, and ordered a hearing on that issue. If he is incompetent, then a guardian ad litem can be appointed.