Luna v. Mule Creek State Pri, et al

Filing 19

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/2/11 ORDERING that until the action has been adjudicated, the undersigned declines to award attorneys fees. Should the action not be dismissed on limitations grounds, the undersigned will reconsider this order.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

BENITO JULIAN LUNA,

11
12
13

Petitioner,

NO. CIV S-04-0627 FCD GGH P

vs.

ORDER

SCOTT KERNAN,

14
Respondent.
15

/

16

Petitioner’s former appointed counsel has requested $14,402.52 in attorneys’ fees.

17

This case was unduly delayed by petitioner’s counsel during the exhaustion process and/or the

18

period after exhaustion but before re-commencement of the action in federal court, to the point

19

that when the amended petition was filed, the issue of the expiration of the statute of limitations

20

was raised sua sponte by the undersigned. That issue remains pending. Until the action has been

21

adjudicated, the undersigned declines to award attorneys’ fees. Should the action not be

22

dismissed on limitations’ grounds, the undersigned will reconsider this order.

23

DATED: August 2, 2011

24

/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

25
luna0627.ord

26
1