Bouie v. Board of Parole Hearings

Filing 18

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/9/13 ORDERING that within 15 days from the date of this order the parties shall provide evidence concerning petitioners prison transfer(s) for the relevant period between February 24, 2011, and May 10, 2011. Specifically, the parties shall provide evidence of the date(s) of petitioners transfer(s) and, as appropriate, the period(s) of time, if any, during which petitioner was separated from his legal property.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DIRK JA’ONG BOUIE, 11 Petitioner, vs. 12 13 No. 2:12-cv-01221 MCE JFM (HC) BOARD OF PAROLE HEARINGS, Respondent. 14 ORDER / 15 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas 16 17 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 5, 2012, 19 respondent filed a motion to dismiss asserting that petitioner is barred by the applicable one-year 20 statute of limitations set by 28 U.S.C. § 2244(d)(1). ECF No. 12. Petitioner responded on 21 November 15, 2012, arguing, inter alia, that he was transferred two times during the relevant 22 period between February 24, 2011, and May 10, 2011, and had “no access to records.” ECF No. 23 14. 24 ///// 25 ///// 26 ///// 1 1 Good cause appearing, IT IS HEREBY ORDERED that within fifteen days from 2 the date of this order the parties shall provide evidence concerning petitioner’s prison transfer(s) 3 for the relevant period between February 24, 2011, and May 10, 2011. Specifically, the parties 4 shall provide evidence of the date(s) of petitioner’s transfer(s) and, as appropriate, the period(s) 5 of time, if any, during which petitioner was separated from his legal property. 6 DATED: May 9, 2013. 7 8 9 10 boui1221.ord 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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