Ault v. Spearman

Filing 16

ORDER Granting Petitioner's 15 Motion for Extension of Time to File Response to Motion to Dismiss; ORDER Denying Motion for Reconsideration, signed by Magistrate Judge Michael J. Seng on 6/22/17. 30-Day Deadline. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 JEFFERY CURTIS AULT, Petitioner, 12 13 14 15 v. M.E. SPEARMAN, Respondent. 16 1:17-cv-00334 LJO-MJS (HC) ORDER GRANTING PETITIONER’S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION TO DISMISS ORDER DENYING MOTION FOR RECONSIDERATION (Document# 15) 17 30-DAY DEADLINE 18 19 20 Petitioner is a state prisoner proceeding pro se in a habeas corpus action 21 pursuant to 28 U.S.C. ' 2254. On May 18, 2017, Respondent filed a motion to dismiss 22 the petition for lack of jurisdiction, failure to exhaust, and procedural default. (ECF No. 23 13.) On June 15, 2017, Petitioner filed a document styled, “Motion for Reconsideration 24 and For Extension of Time.” (ECF No. 15.) Therein, he sets forth various reasons he was 25 unable to exhaust his claims and argues that his failure to exhaust and/or procedural 26 default should be excused. 27 Petitioner’s motion for reconsideration will be denied on the ground that he does 28 not identify the ruling he wishes reconsidered. The only rulings issued in this case 1 denied Petitioner’s motion for appointment of counsel, authorized Petitioner to proceed 2 in forma pauperis, and ordered Respondent to respond. Petitioner’s arguments do not 3 address these points. 4 Petitioner’s request for extension of time is unclear. To the extent he intends to 5 ask the Court to excuse his untimely exhaustion of administrative or judicial remedies, 6 such arguments will be considered, if at all, in the ruling on the motion to dismiss. To the 7 extent he requests an extension of time to more fully oppose the motion, his request will 8 be granted. 9 Good cause having been found, Petitioner is HEREBY GRANTED thirty (30) days 10 from the date of service of this order in which to file a further opposition to the motion to 11 dismiss. Respondent may file a reply to the opposition and/or to the arguments 12 contained in the instant motion within seven (7) days of the date Petitioner’s opposition 13 is, or could have been, filed, whichever is earlier. 14 IT IS SO ORDERED. 15 16 Dated: June 22, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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