Olic v. Lizarraga

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 11/17/2017 DIRECTING respondent to file and serve within 14 days after the filing date of this order, a supplemental brief that addresses the merits of petitioner's equitable tolling arguments. Within 14 days after service of respondent's supplemental brief, petitioner may file and serve a response. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILORAD OLIC,

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Petitioner,

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No. 2:17-cv-0156 MCE AC P

v.

ORDER

JOE A. LIZARRAGA, Warden,

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Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma pauperis with this habeas

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corpus action filed pursuant to 28 U.S.C. § 2254. See ECF No. 1. Petitioner challenges his

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November 7, 2014 disciplinary conviction. Currently pending before the court is respondent’s

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motion to dismiss this action on the ground that it was commenced beyond the one-year statute of

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limitations set forth in 28 U.S.C. § 2244(d). See ECF No. 15. Petitioner timely filed an

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opposition to the motion, in which he asserts entitlement to both statutory and equitable tolling.

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See ECF No. 16. Respondent’s reply does not address the merits of petitioner’s arguments in

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support of equitable tolling. See ECF No. 17 at 3. Therefore, respondent will be directed to

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submit further briefing on this matter.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days after the filing date of this order, respondent shall file and serve a

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supplemental brief that addresses the merits of petitioner’s equitable tolling arguments. See ECF

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No. 16 at 2-8 (particularly Ex. A).

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2. Within fourteen days after service of respondent’s supplemental brief, petitioner may
file and serve a response.
IT IS SO ORDERED.
DATED: November 17, 2017.

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