Aleman v. Director of CDCR

Filing 19

ORDER Denying 17 Petitioner's Motion for Order; ORDER Disregarding Petitioner's Motion for Extension of Time 16 , signed by Magistrate Judge Jennifer L. Thurston on 10/16/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESUS ALEMAN,

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Petitioner,
v.
DIRECTOR OF CDCR,
Respondent.

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Case No.: 1:14-cv-00728-JLT
ORDER DENYING PETITIONER’S MOTION
FOR ORDER (Doc. 17)
ORDER DISREGARDING PETITIONER’S
MOTION FOR EXTENSION OF TIME (Doc. 16)

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Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
The instant petition was filed on May 15, 2014. (Doc. 1). On May 23, 2014, the Court ordered

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Respondent to file a response to the petition. (Doc. 5). Respondent filed his Answer on August 27,

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2014. (Doc. 13). On October 1, 2014, Petitioner filed a motion for extension of time to file his

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Traverse. (Doc. 15). On October 7, 2014, Petitioner filed a second request for extension of time to

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file the Traverse, despite the fact that the previous motion had not yet been ruled upon. (Doc. 16). On

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the same date, Petitioner filed a motion for issuance of an order directing Respondent to facilitate

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communication between Petitioner and his “jailhouse lawyer.” (Doc. 17).

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Because the second motion for extension of time was redundant, the Court will disregard it.

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Because the Court’s habeas jurisdiction does not extend to issues relating to the conditions of

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Petitioner’s confinement, e.g., how the prison handles Petitioner’s mail or contact between inmates,

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the Court will deny Petitioner’s motion for issuance of an order directing Respondent to facilitate

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communication with the jailhouse lawyer.
ORDER

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For the foregoing reasons, the Court HEREBY ORDERS as follows:

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1.

Petitioner’s motion for extension of time (Doc. 16), is DISREGARDED; and,

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2.

Petitioner’s motion for order (Doc. 17), is DENIED.

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IT IS SO ORDERED.
Dated:

October 16, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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