Hill v. Biter

Filing 51

ORDER signed by Magistrate Judge Dale A. Drozd on 11/10/14 ORDERING that the September 10, 2014 order to show cause is discharged; and petitioner shall file a traverse within 45 days of this order. No further extensions of time will be granted for this purpose absent a showing of extraordinary cause.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CERON HILL,

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No. 2:12-cv-2098 MCE DAD P
Petitioner,

v.

ORDER

MARTIN D. BITER,

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Respondent.

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Petitioner is a state prisoner proceeding through counsel with a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner’s habeas petition was filed on August 10,

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2012. After respondent’s motion to dismiss was denied, respondent filed an answer to the

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petition on February 13, 2014. On March 20, 2014, counsel for petitioner filed a motion for

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extension of time to file a traverse. By order dated April 10, 2014, petitioner was granted 30 days

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to file a traverse. On July 10, 2014, counsel for petitioner filed another request for extension of

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time to file a traverse. By order dated July 25, 2014, petitioner was granted another 30 days to

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file a traverse. Petitioner failed to comply with the July 25, 2014 order. Accordingly, on

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September 10, 2014, the undersigned issued an order directing petitioner’s counsel to show cause

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in writing why monetary sanctions should not be imposed on counsel for his failure to file a

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timely traverse.

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On October 30, 2014, petitioner’s counsel filed a response to the order to show cause.

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Therein, he explains that medical difficulties have prevented him from filing a timely traverse.

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(ECF No. 50.) Petitioner’s counsel also requests a final extension of thirty to forty-five days to

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allow him to file a traverse. (Id.) Good cause appearing, the order to show cause will be

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discharged and petitioner’s counsel will be granted a forty-five day extension of time from the

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date of this order to file a traverse in this action. No further extensions of time will be granted for

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this purpose absent a showing of extraordinary cause.

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Accordingly, IT IS HEREBY ORDERED AS FOLLOWS:

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1. The September 10, 2014 order to show cause is discharged; and

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2. Petitioner shall file a traverse within forty-five days of this order. No further

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extensions of time will be granted for this purpose absent a showing of extraordinary cause.

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Dated: November 10, 2014

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DAD:8
Hill2098.ext

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