Presley v. Miller

Filing 24

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/9/15 ORDERING that the Clerk of the Court is directed to separately file each of the three documents attached to respondents May 22, 2015 filing, and to separately file them as of the May 22nd date. Petitioners late filed Reply is considered timely.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEWAYNE PRESLEY,

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No. 2:14-cv-1991 GEB GGH P

Petitioner,
AMY MILLER,

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ORDER
Respondent.

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On May 22, 2015, the Attorney General forwarded some documents signed by petitioner

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which it had received in its office, but which appeared to be intended for court filing in this case.

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(ECF No. 23.) The documents include a (1) “notice to the court to excuse the untimel[i]ness of

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traverse; declaration thereto,” a (2) “notice to the court; declaration thereto,” and a (3) Reply to

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the Answer. In sum, petitioner has requested that his late filed traverse be excused due to his

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inability to access the law library. Although the court did not previously receive any requests for

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extensions of time to file a traverse, the court will excuse the belated traverse for the reasons

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stated in petitioner’s declarations.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to separately file each of the three documents

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attached to respondent’s May 22, 2015 filing, and to separately file them as of the May 22nd date.

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2. Petitioner’s late filed Reply is considered timely.
DATED: June 9, 2015

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Pres1991.eot-trav

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