Torres v. Peery
Filing
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ORDER Vacating 7 Order Dismissing Case; ORDER Granting Motion for Extension of Time re 9 , signed by Chief Judge Lawrence J. O'Neill on 3/31/17. Objections to F&R Due Within Thirty Days. CASE REOPENED. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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OSCAR PABLO TORRES,
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Petitioner,
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No. 1:17-cv-00169-LJO-JLT (HC)
ORDER VACATING ORDER
DISMISSING CASE
v.
SUZANNE PEERY, Warden,
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ORDER GRANTING MOTION FOR
EXTENSION OF TIME [Doc. No. 9]
Respondent.
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On March 2, 2017, the Magistrate Judge issued Findings and Recommendations to
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summarily dismiss the petition for failure to exhaust state remedies. (Doc. No. 6.) The Findings
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and Recommendations were served upon all parties and contained notice that any objections were
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to be filed within twenty-one days from the date of service of that order. Over twenty-one days
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passed and no party filed objections. On March 27, 2017, the Court adopted the Findings and
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Recommendations, dismissed the petition, closed the case, and entered judgment. (Docs. No. 7-
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8.) On that same date, the Court received a purported motion for extension of time to file
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objections. (Doc. No. 9.) The pleading is unsigned and therefore technically improper. However,
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the document suggests that Petitioner was unable to timely complete and file objections to the
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Findings and Recommendations because his prison was placed on lock-down. In an abundance of
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caution the Court will GRANT Petitioner an extension of time to file objections.
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///
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ORDER
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Accordingly, IT IS HEREBY ORDERED:
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1) The order adopting the Findings and Recommendation of March 27, 2017, is
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VACATED;
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2) The Clerk of Court is DIRECTED to re-open the case; and
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3) Petitioner is GRANTED thirty days from the date of service of this order to file
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objections.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
March 31, 2017
UNITED STATES CHIEF DISTRICT JUDGE
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