Espinoza v. McDonald

Filing 31

ORDER GRANTING 30 Petitioner's Motion for Leave to File an Untimely Traverse and ORDER DISMISSING Request for Leave to File Motions as Moot, signed by Magistrate Judge Sheila K. Oberto on 8/8/2011. (Jessen, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 CORNELIO VEDOLLA ESPINOZA, 9 Petitioner, 10 11 12 13 v. MIKE McDONALD, Warden, Respondent. 14 ) ) ) ) ) ) ) ) ) ) ) ) 1:10-cv—01521-LJO-SKO-HC ORDER GRANTING PETITIONER’S REQUEST FOR LEAVE TO FILE AN UNTIMELY TRAVERSE (DOC. 30) ORDER DISMISSING REQUEST FOR LEAVE TO FILE MOTIONS AS MOOT (DOC. 30) 15 Petitioner is a state prisoner proceeding pro se with a 16 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 17 The matter has been referred to the Magistrate Judge pursuant to 18 28 U.S.C. § 636(b)(1) and Local Rules 302 and 303. 19 Pursuant to an earlier order of the Court, Respondent filed 20 an answer to the petition on March 7, 2011. Petitioner then 21 failed to file a traverse within the thirty-day time limit 22 previously set by order of the Court. Petitioner filed a notice 23 of appeal on May 23, 2011. On July 7, 2011, the matter was 24 remanded to this Court by the United States Court of Appeals for 25 the Ninth Circuit after Petitioner’s appeal was dismissed because 26 it was taken from a non-appealable order. On August 2, 2011, 27 Petitioner filed a traverse, a motion for the appointment of 28 1 1 counsel, and a motion to proceed in forma pauperis. 2 Pending before the Court is Petitioner’s request, filed on 3 August 2, 2011, for leave to file a traverse and to file the 4 previously filed motions. 5 Petitioner declares that he is a Mexican national who does 6 not speak or write English well enough to communicate clearly or 7 effectively, speaks only Spanish, and has a third-grade 8 education. 9 obtain assistance with legal work within his institution of He further states that although he attempted to 10 confinement, he was unable to do so. 11 his need for an interpreter at trial and his inability to read. 12 13 Petitioner has documented Good cause appearing, Petitioner’s request for leave to file an untimely traverse is GRANTED. 14 Because the traverse has already been filed, no 15 administrative direction to the Clerk to file the traverse is 16 needed. 17 Petitioner’s request for leave to file his motions is 18 DISMISSED as moot because the motions have already been filed. 19 20 IT IS SO ORDERED. 21 Dated: ie14hj August 8, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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