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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CORNELIO VEDOLLA ESPINOZA,
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Petitioner,
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v.
MIKE McDONALD, Warden,
Respondent.

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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)

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Petitioner is a state prisoner proceeding pro se with a
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petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
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The matter has been referred to the Magistrate Judge pursuant to
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28 U.S.C. § 636(b)(1) and Local Rules 302 and 303.
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Pursuant to an earlier order of the Court, Respondent filed
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an answer to the petition on March 7, 2011.

Petitioner then

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failed to file a traverse within the thirty-day time limit
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previously set by order of the Court.

Petitioner filed a notice

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of appeal on May 23, 2011.

On July 7, 2011, the matter was

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remanded to this Court by the United States Court of Appeals for
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the Ninth Circuit after Petitioner’s appeal was dismissed because
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it was taken from a non-appealable order.

On August 2, 2011,

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Petitioner filed a traverse, a motion for the appointment of
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counsel, and a motion to proceed in forma pauperis.

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Pending before the Court is Petitioner’s request, filed on

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August 2, 2011, for leave to file a traverse and to file the

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previously filed motions.

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Petitioner declares that he is a Mexican national who does

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not speak or write English well enough to communicate clearly or

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effectively, speaks only Spanish, and has a third-grade

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education.

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obtain assistance with legal work within his institution of

He further states that although he attempted to

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confinement, he was unable to do so.

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his need for an interpreter at trial and his inability to read.

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Petitioner has documented

Good cause appearing, Petitioner’s request for leave to file
an untimely traverse is GRANTED.

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Because the traverse has already been filed, no

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administrative direction to the Clerk to file the traverse is

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needed.

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Petitioner’s request for leave to file his motions is

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DISMISSED as moot because the motions have already been filed.

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IT IS SO ORDERED.

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Dated:
ie14hj

August 8, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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