Nettles v. Lopez

Filing 57

ORDER to extend time for Petitioner to elect whether to recharacterize his Petition as an Action Under 42 U.S.C. 1983 signed by Magistrate Judge Jennifer L. Thurston on 10/7/2016. (Filing Deadline: 12/5/2016).(Lundstrom, T)

Case 1:11-cv-01201-AWI-JLT Document 56 Filed 10/06/16 Page 1 of 2

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John Balazs, Bar. No. 157287
Attorney at Law
916 2nd Street, Suite F
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Petitioner
Damous D. Nettles

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAMOUS D. NETTLES,

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Petitioner,
v.
RAUL LOPEZ,
Respondent.

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No. 1:11-CV-1201 AWI JLT
PROPOSED ORDER TO EXTEND TIME FOR
PETITIONER TO ELECT WHETHER TO
RECHARACTERIZE HIS HABEAS
PETITION AS AN ACTION UNDER 42 U.S.C.
§ 1983
Hon. Jennifer L. Thurston
U.S. Magistrate Judge

On August 22, 2016, the Court issued an order directing petitioner Damous D. Nettles to
notify the Court within 45 days whether he wishes his habeas petition to be recharacterized as an
action brought under 42 U.S.C. § 1983, pursuant to the Ninth Circuit’s decision in this case.

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Dkt. entry 55. Petitioner intends to file with the U.S. Supreme Court a petition for writ of

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certiorari to review the Ninth Circuit’s 6-5 en banc decision on or before the October 24, 2016

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due date for the petition.

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Petitioner thus requests that the Court extend the due date to respond to the Court’s order
for approximately 60 days to December 5, 2016 to permit petitioner to file and have the Supreme

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Case 1:11-cv-01201-AWI-JLT Document 56 Filed 10/06/16 Page 2 of 2

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Court’s consider and decide his certiorari petition before he makes the election whether to have
his habeas petition recharacterized as a § 1983 action.
Respectfully submitted,

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Dated: October 6, 2016

/s/ John Balazs
John Balazs

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Attorney for Petitioner
DAMOUS D. NETTLES

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ORDER

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IT IS SO ORDERED that the deadline for petitioner to notify the Court whether he

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wishes his habeas petition to be recharacterized as an action under 42 U.S.C. § 1983 is extended

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to December 5, 2016.

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October 7
Dated: ______________, 2016
HON. JENNIFER L. THURSTON
United States Magistrate Judge

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