Johnson v. Kernan et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 08/20/18 ORDERING petitioners motion for a court order 32 is construed as a motion for leaveto file a supplemental reply in support of his motion to stay. Petitioners motion for leave to file a supplemental reply is granted and petitioner shallhave twenty-one days from service of this order to file a supplemental reply. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JERRY C. JOHNSON,
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Petitioner,
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No. 2:17-cv-2525 JAM AC P
v.
ORDER
SCOTT KERNAN, et al.,
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Respondent.
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Petitioner has filed a motion in which he requests that the court “direct respondents to
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adhere to time limitations.” ECF No. 32. In this motion, petitioner asserts that he has had
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difficulty obtaining his indigent legal supplies and accessing the law library, and that these
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problems have interfered with his ability to timely reply in support of his motion for a stay. Id. at
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1-2. However, petitioner’s reply was filed on July 18, 2018 (ECF No. 30), while the instant
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motion was filed on August 6, 2018 (ECF No. 32).1 So at the time petitioner filed his motion, the
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reply had been submitted for over two weeks. Since petitioner’s reply has already been filed, it is
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unclear what relief he is seeking, but in light of petitioner’s allegations, the court will construe the
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motion as a request to file a supplemental reply in support of the motion to stay on the ground that
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petitioner was not able to properly address the necessary issues given the delays he faced. The
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Since petitioner is a prisoner proceeding pro se, he is afforded the benefit of the prison mailbox
rule. Houston v. Lack, 487 U.S. 266, 276 (1988).
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motion will be granted and petitioner will have the option of filing a supplemental reply. If
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petitioner chooses to file a supplemental reply and finds that he requires additional time, he
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should file a motion for an extension of time that explains why he needs additional time and how
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much time he requires.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Petitioner’s motion for a court order (ECF No. 32) is construed as a motion for leave
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to file a supplemental reply in support of his motion to stay.
2. Petitioner’s motion for leave to file a supplemental reply is granted and petitioner shall
have twenty-one days from service of this order to file a supplemental reply.
DATED: August 20, 2018
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