Leonard v. Davis

Filing 36

ORDER signed by Magistrate Judge Allison Claire on 1/24/2018 GRANTING petitioner's 34 motion to permit filing of the petition without citations to the electronic record. Petitioner may file an initial petition without citations to the elec tronic record in this case. Within 60 days of the filing of the petition, petitioner shall file an amended petition that includes the required citations to the electronic record. The 2/7/2018 hearing on the motion is VACATED. Petitioner's 35 request to shorten the time for noticing the motion is DENIED as moot. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ERIC ROYCE LEONARD,

12

Petitioner,

13
14

No. 2:17-cv-0796 JAM AC DP

v.

ORDER

RON DAVIS,

15

Respondent.

16
By order filed May 31, 2017, the undersigned ordered that citations to the state court

17
18

record in this case, by both parties, were to include cross-references to the electronic record. ECF

19

No. 13 at 1-2. Petitioner has filed an unopposed motion requesting permission to either file his

20

petition without the required citations to the electronic record, or to file an initial petition without

21

the citations and subsequently amend the petition to include them. ECF No. 34. Counsel avers

22

that given the massive size of the state court record, he does not believe that it will be possible to

23

meet the March 29, 2018 filing deadline if petitioner is required to include citations to the

24

electronic record. ECF No. 34-1 at 3, 5, ¶¶ 6, 9. He also states that neither he nor co-counsel

25

have previously encountered this requirement in their practice. Id. at 2-3, ¶ 5. Petitioner has also

26

filed an unopposed request to shorten the time for noticing the hearing on the motion. ECF No.

27

35.

28

////
1

1

This request does not require a hearing, and the February 7, 2018 hearing will therefore be

2

vacated and the request to shorten time denied as moot. Upon consideration of petitioner’s

3

motion, the court will permit petitioner to file an initial petition without citations to the electronic

4

record in this case. Within sixty days of the filing of the petition, petitioner shall file an amended

5

petition that includes the required citations.

6

The court expects that this task is capable of completion by non-attorney staff at the

7

Federal Defender’s Office, and will not look favorably on any motions to amend the budget based

8

upon this task.

9
10

Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner’s motion to permit filing of the petition without citations to the electronic

11

record (ECF No. 34) is granted. Petitioner may file an initial petition without citations to the

12

electronic record in this case. Within sixty days of the filing of the petition, petitioner shall file

13

an amended petition that includes the required citations to the electronic record.

14

2. The February 7, 2018 hearing on the motion is vacated.

15

3. Petitioner’s request to shorten the time for noticing the motion (ECF No. 35) is denied

16

as moot.

17

DATED: January 24, 2018

18
19
20
21
22
23
24
25
26
27
28
2