Casborn v. Gower

Filing 32

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/6/2017 GRANTING petitioner's 31 request for a copy of the findings and recommendations and the Clerk shall provide petitioner with a copy of the 5/26/2017 findings and recommendations. Petitioner shall have 21 days to file objections to F&R and address whether a certificate of appealability should issue. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERROL CASBORN,

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No. 2:16-cv-1506 JAM CKD P

Petitioner,
v.

ORDER

R.L. GOWER,
Respondent.

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By findings and recommendations filed May 26, 2017, the undersigned recommended

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granting respondent’s motion to dismiss and dismissing the petition with prejudice. (ECF No.

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30.) The parties were given twenty-one days to file objections to the findings and

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recommendations and petitioner was advised that if he filed objections, he should also address

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whether a certificate of appealability should issue. (Id. at 8-9.) The period for filing objections

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has passed and neither party has filed any objections. However, petitioner recently notified the

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court that his copy of the findings and recommendations was lost during a raid and he requests

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that he be sent another copy. (ECF No. 31.) The court will grant the request to provide another

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copy of the findings and recommendations and will also construe the request as a request for

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additional time to file objections. Although the request was filed outside the objections period,

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petitioner missed the deadline by only a few days and in light of his claim that he lost his

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paperwork during a raid, the court finds the untimeliness should be excused.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for a copy of the findings and recommendations (ECF No. 31) is

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granted and the Clerk of the Court is directed to provide petitioner with a copy of the May 26,

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2017 findings and recommendations (ECF No. 30).

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2. Petitioner shall have twenty-one days from service of this order to file objections to the

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findings and recommendations and address whether a certificate of appealability should issue.

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Dated: July 6, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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13:casb1506.eot

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