Sanchez v. Rackley

Filing 20

ORDER Directing Clerk's Office to Re-Serve Order 18 and Send Petitioner Respondent's Supplemental Brief (Doc. 19 ); ORDER Directing Petitioner to File Supplemental Brief re Equitable Tolling; and ORDER Directing Petitioner to File Updated Address signed by Magistrate Judge Erica P. Grosjean on 1/9/2017. Supplemental Brief and Updated Address due within thirty (30) days. Clerk to serve Docs. 18 , 19 and this order on plaintiff at 3 addresses. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FELIPE GUERRA SANCHEZ,

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Case No. 1:16-cv-00604-LJO-EPG-HC
ORDER DIRECTING CLERK’S OFFICE TO
RE-SERVE ORDER (ECF No. 18) AND
SEND PETITIONER RESPONDENT’S
SUPPLEMENTAL BRIEF (ECF No. 19)

Petitioner,

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v.

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RONALD RACKLEY,

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ORDER DIRECTING PETITIONER TO
FILE SUPPLEMENTAL BRIEF RE:
EQUITABLE TOLLING

Respondent.

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ORDER DIRECTING PETITIONER TO
FILE UPDATED ADDRESS

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

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19 pursuant to 28 U.S.C. § 2254. On September 27, 2016, the undersigned issued findings and
20 recommendation recommending that Respondent’s motion to dismiss be granted and the petition
21 be dismissed as untimely. (ECF No. 16). In light of Petitioner’s objections raising the issue of
22 equitable tolling, the Court vacated the findings and recommendation and ordered supplemental
23 briefing. (ECF No. 18). On December 19, 2016, Respondent filed his supplemental brief. (ECF
24 No. 19). On January 4, 2017, the order regarding supplemental briefing was returned as
25 undeliverable. According to the California Department of Corrections and Rehabilitation’s
26 online inmate locator, Petitioner has been moved and is currently held at the Correctional
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27 Training Facility in Soledad, California. Given the fact-intensive nature of equitable tolling

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The online inmate locator does not indicate whether Petitioner is housed in Facility A, B, C, or D.

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1 claims, the Court finds that a supplemental brief by Petitioner on the issue of equitable tolling
2 would assist the Court in this matter.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk’s Office is DIRECTED to send a copy of this order, the order regarding

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supplemental briefing (ECF No. 18), and Respondent’s supplemental brief (ECF No. 19)

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to the following addresses:

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Correctional Training Facility
P.O. Box 705
Soledad, CA 93960

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Correctional Training Facility
P.O. Box 689
Soledad, CA 93960

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Correctional Training Facility
P.O. Box 690
Soledad, CA 93960

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2. Within THIRTY (30) days of the date of service of this order, Petitioner shall file a
response to Respondent’s supplemental brief regarding equitable tolling; and
3. Within THIRTY (30) days of the date of service of this order, Petitioner shall file his

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updated address with the Court.

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Petitioner is forewarned that failure to follow this order may result in dismissal of the

18 petition pursuant to Federal Rule of Civil Procedure 41(b) (a petitioner’s failure to prosecute or
19 to comply with a court order may result in a dismissal of the action).
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IT IS SO ORDERED.
Dated:

January 9, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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