McCoy v. Soto

Filing 31

ORDER GRANTING 29 30 Motion for Extension of Time to File Objections to Findings and Recommendation signed by Magistrate Judge Erica P. Grosjean on 4/12/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY MCCOY,
Petitioner,

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ORDER GRANTING EXTENSION OF
TIME TO FILE OBJECTIONS TO
FINDINGS AND RECOMMENDATION

v.

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Case No. 1:15-cv-01578-LJO-EPG-HC

JOHN SOTO,

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(ECF Nos. 29, 30)
Respondent.

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Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28

18 U.S.C. § 2254. On March 29, 2017, the undersigned issued findings and recommendation to
19 grant Respondent’s motion to dismiss. (ECF No. 28).
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On April 10, 2017, the Court received two motions from Petitioner. (ECF Nos. 29, 30).

21 Both contain requests for extensions of time so that Petitioner can obtain documents supporting
22 his equitable tolling claim. In light of the procedural posture of the case, the Court construes the
23 instant motions as motions for extension of time to object to the findings and recommendation.
24 See Castro v. United States, 540 U.S. 375, 381-82 (2003) (courts may recharacterize a pro se
25 motion to “create a better correspondence between the substance of a pro se motion’s claim and
26 its underlying legal basis”).
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Good cause having been presented to the Court,

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IT IS HEREBY ORDERED that Petitioner is granted to and including May 15, 2017, to

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IT IS SO ORDERED.
Dated:

April 12, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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