Dumont v. Borders

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 05/04/18 ORDERING petitioner is granted 21 days from the date of this order in which to file a supplemental opposition. Respondent's reply, if any, shall be filed 14 days thereafter. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RALPH E. DUMONT,

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No. 2:17-cv-1423 TLN KJN P

Petitioner,
v.

ORDER

D. BORDERS,
Respondent.

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Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Both parties consented to proceed before the undersigned

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for all purposes. See 28 U.S.C. § 636(c). Respondent filed a motion to dismiss this action on the

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grounds that it was filed beyond the statute of limitations contained in 28 U.S.C. § 2244(d).

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Petitioner filed an opposition in which he claimed that the case law relied upon by respondent

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was not available to petitioner at his prison. (ECF No. 17 at 4.) Despite such claim, petitioner

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filed an opposition, accompanied by 157 pages of exhibits, and relied on Arthur v. Allen, 452

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F.3d 1234, 1253 (11th Cir. 2006).

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It is unclear what legal authorities petitioner needed to access to oppose respondent’s

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motion. Rather, it appears that the ruling on the motion to dismiss turns on dates and other facts

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that do not require legal research, but are facts within petitioner’s own knowledge. Nonetheless,

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the court will grant petitioner a brief extension of time to file a supplemental opposition to
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address respondent’s legal authorities, if petitioner wishes. Such supplemental opposition is

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optional. If petitioner files nothing further, the court will address the motion as presently briefed.

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If petitioner files a supplemental opposition, respondent is granted fourteen days thereafter in

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which to file a reply.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner is granted twenty-one days from the date of this order in which to file a

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supplemental opposition; and
2. Respondent’s reply, if any, shall be filed fourteen days thereafter.
Dated: May 4, 2018

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/dumo1423.fb

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