Gaines v. McDonald

Filing 32

ORDER signed by Magistrate Judge Kendall J. Newman on 3/14/2011 GRANTING ptnr's 30 application; and ptnr's 3/10/11 traverse is DEEMED TIMELY filed. (Yin, K)

(HC) Gaines v. McDonald

Doc. 32

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
gain1716.eot

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES C. GAINES, Petitioner, vs. M.D. McDONALD, Warden. Respondent. / Petitioner has filed an application for the court to accept the late filing of his traverse. By order filed February 2, 2011, plaintiff was granted a second extension of time of thirty days in which to file a traverse. Due to an escape and subsequent lock-down, petitioner was unable to gain access to the law library to make photocopies of the traverse until March 6, 2011. The traverse was presented to prison officials for mailing on March 6, 2011, and filed with the court on March 10, 2011. Good cause appearing, IT IS HEREBY ORDERED that: 1. Petitioner's March 10, 2011 application (dkt. no. 30) is granted; and 2. Petitioner's March 10, 2011 traverse is deemed timely filed. DATED: March 14, 2011 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE ORDER No. 2:10-cv-1716 FCD KJN P

Dockets.Justia.com