Ibarra v. Hedgpeth

Filing 91

ORDER Granting Petitioner's Fifth 90 Motion for Extension of Time to File Traverse, Thirty Day Deadline; ORDER Granting Petitioner's Motion to Exceed Page Limits, signed by Magistrate Judge Stanley A. Boone on 2/24/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOHNNY LUGO IBARRA, IV,

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Case No. 1:10-cv-01089-LJO-SAB-HC
ORDER GRANTING PETITIONER’S FIFTH
MOTION FOR EXTENSION OF TIME TO
FILE TRAVERSE
[ECF NO. 90]
[THIRTY DAY DEADLINE]

Petitioner,
v.

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ANTHONY HEDGPETH,

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Respondent.

ORDER GRANTING PETITIONER’S
MOTION TO EXCEED PAGE LIMITS

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Petitioner is a state prisoner proceeding pro se in a habeas corpus action pursuant to 28

18 U.S.C. § 2254.
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On February 18, 2014, Petitioner filed his fifth motion to extend time to file a traverse to

20 Respondent’s answer. Petitioner states he has experienced lockdowns preventing access to the
21 law library due to contractors installing cell-phone jammers at the institution. He also states he
22 has not been able to access the library due to the holidays and the prison being short of staff.
23 Further, he states the library was given new computers and has transitioned from Westlaw to
24 Lexis-Nexis. He states he has had to learn the new system and this has caused additional delay.
25 With the exception of the transition from Westlaw to Lexis-Nexis, the reasons provided are the
26 same reasons Petitioner set forth in the previous request for an extension.
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The answer was filed on August 23, 2013. With an additional thirty day extension,

28 Petitioner will have had over seven (7) months to file a traverse. This is more than ample time to

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1 prepare a traverse. For the reasons Petitioner has provided in his motion, the Court will grant
2 one further extension. However, no additional requests will be granted absent extraordinary
3 circumstances above and beyond library lockdowns, holidays, staff shortages, computer
4 problems, and such other routinely-occurring incidents of prison life.
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Petitioner has also filed a motion to exceed page limits. Petitioner states the legal issues

6 are complex and he has had to seek assistance from several fellow inmates. Good cause having
7 been presented to the Court, his request to exceed page limits is granted.
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Accordingly, IT IS HEREBY ORDERED:

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1) Petitioner is GRANTED an extension of time of thirty (30) days from the date of

10 service of this Order. However, Petitioner is cautioned that no further requests will be granted
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2) Petitioner’s request to exceed page limits is GRANTED.

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IT IS SO ORDERED.
Dated:

February 24, 2014
UNITED STATES MAGISTRATE JUDGE

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