Ulukivaiola v. McEwen

Filing 30

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/30/12 ordering that petitioner's request to have his first amended petition deemed timely filed 25 is granted. The Clerk is directed to terminate docket entry 25 . (Plummer, 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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GARY ULUKIVAIOLA,

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Petitioner,
vs.

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No. CIV S-10-1350 WBS EFB P

L.S. McEWEN, Warden,
Respondent.

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ORDER
/

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Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. On September 22, 2011, the assigned district

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judge granted petitioner leave to file an amended habeas petition within 30 days. Petitioner filed

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his amended petition on November 14, 2011.
Petitioner also filed a “request for relief from default” together with his amended petition.

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This document explains that the amended petition was timely submitted to prison officials for

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mailing, but was returned to him after it had been opened and stapled shut. He asks that his

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amended petition be timely filed.

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Accordingly, it is hereby ORDERED that petitioner’s request to have his first amended

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petition deemed timely filed is granted, and the Clerk is directed to terminate docket entry 25.

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DATED: January 30, 2012.

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