Spencer v. People of the State of California

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 06/24/13 ordering petitioner shall file and serve his objections to the court's findings and recommendations issued 03/11/13 7 on or before 07/15/13. Respondent may file and serve any response thereto within 7 days after service of petitioner's objections. No further extensions of time will be granted. (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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THURMAN LEROY SPENCER,

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Petitioner,

No. 2:13-cv-0372 GEB KJN P

vs.
PEOPLE OF THE STATE OF
CALIFORNIA,

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Respondent.
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ORDER
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In response to this court’s order filed June 14, 2013 (ECF No. 21), counsel for

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defendant, together with the litigation coordinator of California State Prison-Sacramento, have

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informed the court that petitioner received full access to his legal materials on June 21, 2013

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(ECF No. 24). Petitioner signed a statement, reflecting the same date, which indicates that he

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“had the opportunity to access his personal property and is in possession of all legal documents

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or materials from his property pertaining to his court appearance.” (ECF No. 24 at 10.) While

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the court notes petitioner’s additional handwritten statement, on the same form, that “[t]here may

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be documents missing are (sic) stolen!” (id.), the court is persuaded that petitioner has been

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provided full access to all of his available legal documents. Moreover, the undersigned has

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devoted more than three months to assuring such access, so that petitioner has adequate time and

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access to his legal materials to respond to this court’s March 11, 2013 recommendation that this
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action be dismissed without prejudice (ECF No. 7.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner shall file and serve his objections to the court’s findings and

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recommendations issued March 11, 2013 (ECF No. 7), on or before July 15, 2013.

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2. Respondent may file and serve any response thereto within seven (7) days after
service of petitioner’s objections.

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3. No further extensions of time will be granted.

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4. Any further requests by petitioner for access to his legal materials will be

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viewed with disfavor, and may subject petitioner to an order to show cause why sanctions should
not be imposed.

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SO ORDERED.
DATED: June 24, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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/spen0372.ext.dl

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