Lee v. Macomber

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 04/24/15 ORDERING that within 30 days, petitioner shall file the further briefing described in this order; respondent may file a reply to petitioner's briefing within 14 days thereafter. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BEN LEE,

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Petitioner,

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No. 2:14-cv-1667 KJM KJN P

v.

ORDER

MACOMBER,

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Respondent.

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Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. For the following reasons, petitioner is ordered to file

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further briefing in support of his opposition to respondent’s motion to dismiss.
On October 13, 2014, respondent filed a motion to dismiss arguing that this action is

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barred by the statute of limitations. (ECF No. 13.) On November 4, 2014, petitioner filed an

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opposition. (ECF No. 14.) In the opposition, petitioner argues that he is entitled to equitable

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tolling.

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The one-year statute of limitations for filing a habeas petition may be equitably tolled if

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extraordinary circumstances beyond a prisoner’s control prevent the prisoner from filing on time.

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See Holland v. Florida, 560 U.S. 631, 645 (2010). A petitioner seeking equitable tolling must

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establish two elements: “(1) that he has been pursuing his rights diligently, and (2) that some

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extraordinary circumstance stood in his way.” Pace v. DiGuglielmo, 544 U .S. 408, 418 (2005).
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Petitioner first argues that he is entitled to equitable tolling because of his mental illness.

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Petitioner argues that he had to find someone to assist him with his legal work due to his mental

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illness. Petitioner also attaches a declaration from inmate Hampton stating that inmate Hampton

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helped petitioner with his legal work due to petitioner’s mental illness.

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Petitioner’s opposition does not specifically address how his mental illness prevented him

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from filing a timely federal petition. Petitioner also does not describe his mental illness and why

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he could not prepare his own legal documents. Accordingly, petitioner is directed to file further

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briefing addressing these issues.

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Petitioner also argues that he is entitled to equitable tolling because he was housed in

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administrative segregation where he could not find any inmate to help him with his legal work

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and was without access to his “legal work.”

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Petitioner’s opposition does not specifically address how his placement in administrative

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segregation prevented him from filing a timely federal habeas petition. Petitioner does not

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specifically describe the dates when he was housed in administrative segregation. Petitioner also

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does not specifically address why he could not obtain assistance from other inmates while he was

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housed in administrative segregation. It is also unclear to the court whether petitioner is alleging

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that he was denied access to his legal property while he was housed in administrative segregation.

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Accordingly, petitioner is directed to file further briefing addressing these issues.

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Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order,

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petitioner shall file the further briefing described above; respondent may file a reply to

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petitioner’s briefing within fourteen days thereafter.

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Dated: April 24, 2015

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