Garcia v. Montgomery

Filing 41

ORDER Granting 39 Motion to File Excessive Documents, signed by Magistrate Judge Michael J. Seng on 8/10/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD MIGUEL GARCIA,
Petitioner,

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Case No. 1:14-cv-00980-DAD-MJS (HC)
ORDER GRANTING MOTION TO FILE
EXCESSIVE DOCUMENTS

v.
(ECF NO. 39)

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STUART SHERMAN, Warden,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas

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corpus under 28 U.S.C. § 2254. Stuart Sherman, Warden of Corcoran State Prison, is

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hereby substituted as the proper named respondent pursuant to Rule 25(d) of the

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Federal Rules of Civil Procedure. Respondent is represented by Jeffrey White of the

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Office of the California Attorney General.

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On July 19, 2017, Petitioner filed his traverse (ECF No. 40), along with a Motion

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to File Excessive Documents in Support of Traverse (ECF No. 39). The traverse is

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handwritten and sixty pages long, including the caption and table of contents. It is

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accompanied by an additional six pages of exhibits. The Court has not limited the length

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of Petitioner’s traverse, and thus Petitioner’s request unnecessary. In any event, the

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Court notes that Respondent’s answer runs 42 pages. While the traverse likely could

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have been shorter, it is not excessive. It will be considered in its entirety in due course.

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Accordingly, Petitioner’s motion is HEREBY GRANTED.

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IT IS SO ORDERED.
Dated:

August 10, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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