Leonard v. Gower

Filing 31

ORDER denying 30 Motion for Extension to file a traverse, signed by Magistrate Judge Kendall J. Newman on 8/28/17. Petitioner is GRANTED 60 days in which to file objections to the 7/6/2017 findings and recommendations. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL LEE LEONARD,

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Petitioner,

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v.

No. 2:15-cv-2097 JAM KJN P

ORDER

R.L. GOWER,

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Respondent.

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Petitioner, a state prisoner proceeding without counsel, has requested an extension of time

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to file a traverse. However, the deadline for filing a traverse has long expired. Petitioner’s

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traverse was due on July 9, 2016. Moreover, almost a year later, on July 6, 2017, the undersigned

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issued findings and recommendations on the merits of the petition. On July 24, 2017, petitioner

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was granted an additional thirty days to file objections to the findings and recommendations.
Thus, petitioner’s request for an extension of time to file a traverse is denied as untimely.

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But in an abundance of caution, due to petitioner’s transfer to a different prison, petitioner is

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granted an additional sixty days in which to file objections. IT IS HEREBY ORDERED that:
1. Petitioner’s request for an extension of time to file a traverse (ECF No. 30) is denied;

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and

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2. Petitioner is granted sixty days in which to file objections to the July 6, 2017 findings

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and recommendations.

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Dated: August 28, 2017

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/leon2097.111(2)

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