Givens v. Seibel

Filing 50

ORDER signed by Chief District Judge Kimberly J. Mueller on 6/22/2021 ORDERING Petitioner objects to the F & R's and argues in addition that his claims are subject to statutory and equitable tolling. See Objections, ECF No. 48 . The court const rues these objections as a motion for reconsideration or other relief from the court's order at ECF No. 43 on the grounds of statutory and equitable tolling. The court finds it would be unjust to resolve petitioner's motion without permit ting respondent an opportunity to be heard in opposition. Respondent may file an opposition or statement of non-opposition within 30 days of this order, and petitioner may file an optional reply within 30 days of receiving service of an opposition.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Francois P. Givens,

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Petitioner,

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No. 2:17-cv-00328-KJM-CKD
ORDER

v.
Robert Neuschmid,

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Respondent.

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The undersigned previously held that petitioner’s claims were not subject to statutory

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tolling and referred the matter to the assigned magistrate judge to determine whether any claims

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related back to the original petition. See generally Order (Nov. 3, 2020), ECF No. 43. The

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magistrate judge has recommended holding that petitioner’s first eleven claims do not relate back

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and that his twelfth claim be summarily dismissed. See F&Rs, ECF No. 44. Petitioner objects to

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these findings and recommendations and argues in addition that his claims are subject to statutory

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and equitable tolling. See Objections, ECF No. 48. The court construes these objections as a

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motion for reconsideration or other relief from the court’s order at ECF No. 43 on the grounds

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of statutory and equitable tolling.

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The court finds it would be unjust to resolve petitioner’s motion without permitting

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respondent an opportunity to be heard in opposition. Respondent may file an opposition or

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statement of non-opposition within thirty days of this order, and petitioner may file an optional

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reply within thirty days of receiving service of an opposition.

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IT IS SO ORDERED.
DATED: June 22, 2021.

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