Wells v. Lizarraga

Filing 28

ORDER signed by Magistrate Judge Allison Claire on 6/20/2017 GRANTING 26 Request for Copy of Answer and GRANTING 27 Request for Extension of Time. Petitioner to file traverse by 9/7/2017. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER KELLY WELLS,

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No. 2:16-cv-2807 WBS AC P

Petitioner,
v.

ORDER

JOE A. LIZARRAGA,
Respondent.

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Petitioner has requested an extension of time, up to September 7, 2017, to file a traverse.

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ECF No. 27. The current deadline is July 7, 2017. ECF No. 22. He also requests a copy of

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respondent’s answer. ECF No. 26.

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In granting petitioner’s previous request for an extension of time, the undersigned warned

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petitioner that no further extensions would be granted absent a showing of extraordinary cause.

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ECF No. 22. Petitioner asserts that while the inmate assisting him with this case was working on

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his traverse, which was nearly complete, another inmate attempted to murder a correctional

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officer and all inmates in the area were ordered to leave their belongings and return to their cells.

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ECF No. 27. As a result, petitioner’s legal materials, including respondent’s answer and his

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traverse, were confiscated and correctional staff have since been unable to locate any of his

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materials. Id. Petitioner has established extraordinary cause and the request for an extension will

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be granted. The court will also grant petitioner’s request for a copy of respondent’s answer.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for an extension of time (ECF No. 27) is granted and petitioner

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shall have until September 7, 2017, to file a traverse.
2. Petitioner’s request for a copy of the answer (ECF No. 26) is granted. The Clerk of the

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Court is directed to send petitioner a copy of respondent’s answer (ECF No. 13).

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DATED: June 20, 2017

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