Nettles v. Lopez

Filing 61

ORDER granting second motion to extend time 60 signed by Magistrate Judge Jennifer L. Thurston on 2/7/2017. (Filing Deadline: 2/24/2017).(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAMOUS D. NETTLES,

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Petitioner,

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ORDER GRANTING SECOND MOTION TO
EXTEND TIME

v.

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No. 1:11-cv-1201-AWI-JLT (HC)

RAUL LOPEZ,

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(Doc. 60)
Respondent.

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On August 22, 2016, the Court issued an order directing petitioner Damous D. Nettles to

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notify the Court within 45 days whether he wishes his habeas petition to be recharacterized as an

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action brought under 42 U.S.C. § 1983, pursuant to the Ninth Circuit’s 6-5 en banc decision in

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this case. (Doc. No. 55.) On October 7, 2016, the Court granted an extension until December 5,

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2016, for petitioner to file his notice because he intended to file with the U.S. Supreme Court a

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petition for writ of certiorari to review the Ninth Circuit’s decision.

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On October 21, 2016, Petitioner filed the petition for writ of certiorari to the U.S. Supreme

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Court. See Nettles v. Grounds, No. 16-6556. The petition was denied on January 9, 2017. (Doc.

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60) Counsel is awaiting Mr. Nettles’ decision about whether he wishes the action to be

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recharacterized as a § 1983 action and requests additional time to receive this response. Id. at 2.

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Good cause appearing, the Court ORDERS that the deadline for petitioner to notify the
Court whether he wishes his habeas petition to be recharacterized as an action under 42 U.S.C. §
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1983 is extended to February 24, 2017.

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IT IS SO ORDERED.
Dated:

February 7, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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