Rodriguez v. Dickinson et al

Filing 36

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/5/11 DENYING 35 Motion for Reconsideration. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARMELO RODRIGUEZ,

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Petitioner,

No. CIV S-10-0048 LKK GGH P

vs.
KATHLEEN L. DICKINSON, et al.,

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Respondent.

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ORDER
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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion for the undersigned to

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reconsider the April 12, 2011, order denying plaintiff’s second motion for an extension of time to

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file briefing.

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On February 4, 2011, the undersigned ordered both parties to provide briefing

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regarding the recent United States Supreme Court decision of Swarthout v. Cooke, 502 U.S.

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___, 131 S. Ct. 859, 861 (2011).

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On February 25, 2011, petitioner was granted a 30 day extension to file briefing.

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Plaintiff filed a motion to stay, that was denied, but did not file briefing. Plaintiff’s second

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motion for an extension was denied on April 12, 2011. Plaintiff was informed that he could raise

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any issues he desired in objections to the findings and recommendations that were issued on
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April 29, 2011. Plaintiff’s motion for reconsideration to the order denying a second extension is

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denied, as plaintiff can still file objections to the findings and recommendations and raise any

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issues that could have been raised before.

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Accordingly, IT IS HEREBY ORDERED that the motion for reconsideration

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(Doc. 35) be denied.

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DATED: May 5, 2011
/s/ Gregory G. Hollows
___________________________________
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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GGH: AB
rodr0048.ord2

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