Stolp v. Holland

Filing 42

ORDER Modifying 41 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jennifer L. Thurston on 04/03/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD H. STOLP,

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Petitioner,

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ORDER MODIFYING FINDINGS AND
RECOMMENDATION

v.
[Doc. 41]

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No. 1:16-cv-00560-LJO-JLT (HC)

KIM HOLLAND,
Respondent.

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Petitioner filed a petition for writ of habeas corpus on March 15, 2016. After a stay of the

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proceedings, the Court issued a scheduling order on October 20, 2017. On February 2, 2018,

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Respondent filed an answer to the petition. Pursuant to the Court’s scheduling order, Petitioner’s

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traverse was due on or before March 5, 2018. Petitioner did not file a traverse within the allotted

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time, nor did he request an extension of time.

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On March 27, 2018, Petitioner filed an untimely traverse. On March 29, 2018, the Court

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issued Findings and Recommendations to deny the petition on the merits. Although the traverse

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was untimely, the Court has considered the arguments presented therein.

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Accordingly, the Court ORDERS that the Findings and Recommendations are

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MODIFIED to reflect that Petitioner filed an untimely traverse on March 27, 2018. In all other

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respects, the Findings and Recommendations remain the same.

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IT IS SO ORDERED.
Dated:

April 3, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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