Soto v. Spearman

Filing 12

ORDER signed by District Judge Troy L. Nunley on 12/10/18 DENYING 10 Motion for Extension as moot and DENYING 11 Motion for Reconsideration. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN SOTO,

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No. 2:17-cv-02498-TLN-AC
Petitioner,

v.

ORDER

M.E. SPEARMAN,

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Respondent.

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On September 21, 2018, this Court adopted the findings and recommendations of the

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magistrate judge assigned to this action, and judgment was entered. (See ECF Nos. 8, 9.) On the

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same day, Petitioner filed a motion for a twenty-day extension of time to file objections to the

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findings and recommendations. (ECF No. 10.) The extension request offered illness, lack of

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access to the prison law library, and untimely legal mail delivery in support of a grant of it. (ECF

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No. 10 at 2.)

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On October 5, 2018, Petitioner filed a motion for reconsideration of this Court’s order.

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(ECF No. 11.) The motion again requested an extension of time for the same reasons proffered in

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Petitioner’s extension of time request, and it provided documents in support of the extension

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request. (ECF No. 11.) It did not, however, provide new or different facts or circumstances that

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did not exist or were not shown upon the prior motion. See Local Rules 230(j)(3) (E.D. Cal.

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2009). Moreover, the petition seeks a remedy for the denial of Petitioner’s parole, which is not
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actionable in habeas. See Swarthout v. Cooke, 562 U.S. 216, 219 (2011) (federal habeas

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jurisdiction does not extend to review of the basis for state parole decisions). For these reasons,

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the Court will deny Petitioner’s motion for reconsideration.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for an extension of time (ECF No. 10) is DENIED as moot, and

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2. Petitioner’s motion for reconsideration (ECF No. 11) is DENIED.

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Dated: December 10, 2018

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Troy L. Nunley
United States District Judge

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