Torres v. Peery

Filing 10

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR PABLO TORRES, 12 Petitioner, 13 14 No. 1:17-cv-00169-LJO-JLT (HC) ORDER VACATING ORDER DISMISSING CASE v. SUZANNE PEERY, Warden, 15 ORDER GRANTING MOTION FOR EXTENSION OF TIME [Doc. No. 9] Respondent. 16 17 On March 2, 2017, the Magistrate Judge issued Findings and Recommendations to 18 summarily dismiss the petition for failure to exhaust state remedies. (Doc. No. 6.) The Findings 19 and Recommendations were served upon all parties and contained notice that any objections were 20 to be filed within twenty-one days from the date of service of that order. Over twenty-one days 21 passed and no party filed objections. On March 27, 2017, the Court adopted the Findings and 22 Recommendations, dismissed the petition, closed the case, and entered judgment. (Docs. No. 7- 23 8.) On that same date, the Court received a purported motion for extension of time to file 24 objections. (Doc. No. 9.) The pleading is unsigned and therefore technically improper. However, 25 the document suggests that Petitioner was unable to timely complete and file objections to the 26 Findings and Recommendations because his prison was placed on lock-down. In an abundance of 27 caution the Court will GRANT Petitioner an extension of time to file objections. 28 /// 1 1 ORDER 2 Accordingly, IT IS HEREBY ORDERED: 3 1) The order adopting the Findings and Recommendation of March 27, 2017, is 4 VACATED; 5 2) The Clerk of Court is DIRECTED to re-open the case; and 6 3) Petitioner is GRANTED thirty days from the date of service of this order to file 7 objections. 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ March 31, 2017 UNITED STATES CHIEF DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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