Anderson v. Solano County Superior Court

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 8/10/16 ORDERING that petitioner's motion for leave to proceed in forma pauperis (ECF No. 6 ) is GRANTED. Petitioner's motion for an extension of time (ECF No. 7 ) is GRANTED and he shall have an additional 60 days, up to and including October 27, 2016, to file an amended petition. No further extensions will be granted absent a showing of extraordinary cause.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TROY ANDERSON,

12
13
14
15

No. 2:16-cv-1021 AC P

Petitioner,
v.

ORDER

SOLANO COUNTY SUPERIOR COURT,
Respondent.

16
17

Currently before the court are petitioner’s motion for leave to proceed in forma pauperis

18

(ECF No. 6) and motion for an extension of time to file an amended petition (ECF No. 7).

19

Examination of the in forma pauperis application reveals that petitioner is unable to afford the

20

costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28

21

U.S.C. § 1915(a). Good cause appearing, petitioner’s second request to extend his time to file an

22

amended petition will also be granted. The current deadline for filing an amended petition is

23

August 25, 2016, and petitioner shall have an additional sixty days from that date to file his

24

amended petition. As petitioner should be aware, there is a one-year statute of limitations

25

applicable to all claims presented in a federal habeas corpus petition. See 28 U.S.C. § 2244(d)(1);

26

see also Mardesich v. Cate, 668 F.3d 1164, 1171 (9th Cir. 2012) (holding that the one-year statute

27

of limitations applies to each claim in a habeas petition on an individual basis). By granting

28

petitioner’s motion, the court makes no finding or representation that petitioner’s claims will be

1

timely. No further extensions will be granted absent a show of extraordinary circumstances.

2

Good cause appearing, IT IS HEREBY ORDERED that:

3

1. Petitioner’s motion for leave to proceed in forma pauperis (ECF No. 6) is granted.

4

2. Petitioner’s motion for an extension of time (ECF No. 7) is granted and he shall have

5

an additional sixty days, up to and including October 27, 2016, to file an amended petition. No

6

further extensions will be granted absent a showing of extraordinary cause.

7

DATED: August 10, 2016

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2