Luna v. Mule Creek State Pri, et al

Filing 63

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/6/15 ORDERING that within twenty-one days of this order, Petitioner shall submit documentation in support of a request to expand the record, and/or request an evidentiary hearing. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENITO JULIAN LUNA,

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No. 2:04-cv-0627 MCE GGH P

Petitioner,
v.

ORDER

SCOTT KERNAN,

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Respondent.

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Petitioner is a state prisoner represented by counsel, proceeding with an application for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 29, 2015, the Ninth Circuit Court

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of Appeals vacated the district court’s judgment dismissing the petition as untimely, and

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remanded “for the district court to determine in the first instance, after conducting an evidentiary

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hearing if necessary, whether Luna diligently pursued his rights through the date of filing, June 3,

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2011.” The court stated that the district court’s determination would control whether the petition

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should be deemed timely. (ECF No. 61.) On July 30, 2015, the mandate issued.

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Accordingly, IT IS ORDERED that: within twenty-one days of this order, petitioner shall

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submit documentation in support of a request to expand the record, and/or request an evidentiary

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hearing.

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Dated: August 6, 2015

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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