(HC) Swope v. Laudy et al

Filing 43

ORDER GRANTING 42 Request to File Oversized Traverse signed by Magistrate Judge Sheila K. Oberto on 07/07/2024. Traverse due July 14, 2024. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ART SWOPE, 12 Petitioner, 13 v. 14 LUNDY, 15 Respondent. 16 17 18 ) ) ) ) ) ) ) ) ) Case No.: 1:23-cv-01412-SKO (HC) ORDER GRANTING REQUEST TO FILE OVERSIZED TRAVERSE [Doc. 42] ORDER GRANTING EXTENSION OF TIME [DEADLINE: JULY 14, 2024] Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 19 On July 3, 2024, Petitioner filed a motion requesting permission to file an oversized traverse. 20 Petitioner states it includes all exhibits presented to the California Supreme Court, except for two bar 21 complaints that were not presented. The two bar complaints were not presented to the California 22 Supreme Court and will not be considered. Title 28 U.S.C. § 2254(d)(2) (emphasis added) requires a 23 petitioner to demonstrate that the state court’s decision was “based on an unreasonable determination 24 of the facts in light of the evidence presented in the State court proceeding.” The complaints are also 25 generally irrelevant in determining whether counsel was ineffective, because the scope of federal 26 habeas review is limited to counsel’s actions or inactions in this case only. 27 28 1 1 Accordingly, except for the two bar complaints, Petitioner’s motion to file an oversized 2 traverse is GRANTED. In addition, the deadline for filing the traverse was June 30, 2024. In light of 3 Petitioner’s request, the deadline is hereby EXTENDED to July 14, 2024. 4 5 6 7 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto July 7, 2024 . UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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