Segarra v. Carson et al

Filing 27

ORDER denying petitioner's 26 Motion to Reinstate his section 2254 Petition for Writ of Habeas Corpus. Signed by Judge Paul G Rosenblatt on 11/1/2008.(LAD)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Michael Anthony Segarra, Petitioner, v. Dora B. Schriro, et al., Respondents.

) ) ) ) ) ) ) ) )

CV 06-954-PHX-PGR (JCG) ORDER

Currently before the Court is Petitioner's Motion to Reinstate his § 2254 Petition for Writ of Habeas Corpus. (Doc. 26.) Petitioner explains that his reasons for motioning the Court at this late stage are because (1) he was "being moved around and did not receive the order in time which to file objection to the recommendation," (2) he was "in an open yard, though is now in a solitary confinement, unable to receive his legal work or property and unable to contact court without proper case number in the required time due to these unfortunate moves," and (3) "upon review of the docket numbers, there are missing documents, this inable [sic] him to be provided with all the proceedings to file any rebuttel [sic] on the Petitioner's behalf." Petitioner filed the pending motion one year after the filing of the Report and Recommendation and eleven months after the entry of judgment adopting the Report and Recommendation denying Petitioner's writ of habeas corpus. At no point in time did Petitioner file a motion for extension of time to file his objections. Furthermore, Petitioner made no effort to contact the court over the last year, and he has failed to establish good

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

cause, under the law, as to why this case should be re-opened. Accordingly, IT IS HEREBY ORDERED DENYING Petitioner's Motion to Reinstate his § 2254 Petition for Writ of Habeas Corpus. (Doc. 26.) DATED this 1st day of November, 2008.

2