Johnson v. Kernan et al

Filing 33

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JERRY C. JOHNSON, 12 Petitioner, 13 14 No. 2:17-cv-2525 JAM AC P v. ORDER SCOTT KERNAN, et al., 15 Respondent. 16 Petitioner has filed a motion in which he requests that the court “direct respondents to 17 18 adhere to time limitations.” ECF No. 32. In this motion, petitioner asserts that he has had 19 difficulty obtaining his indigent legal supplies and accessing the law library, and that these 20 problems have interfered with his ability to timely reply in support of his motion for a stay. Id. at 21 1-2. However, petitioner’s reply was filed on July 18, 2018 (ECF No. 30), while the instant 22 motion was filed on August 6, 2018 (ECF No. 32).1 So at the time petitioner filed his motion, the 23 reply had been submitted for over two weeks. Since petitioner’s reply has already been filed, it is 24 unclear what relief he is seeking, but in light of petitioner’s allegations, the court will construe the 25 motion as a request to file a supplemental reply in support of the motion to stay on the ground that 26 petitioner was not able to properly address the necessary issues given the delays he faced. The 27 28 1 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). 1 1 motion will be granted and petitioner will have the option of filing a supplemental reply. If 2 petitioner chooses to file a supplemental reply and finds that he requires additional time, he 3 should file a motion for an extension of time that explains why he needs additional time and how 4 much time he requires. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Petitioner’s motion for a court order (ECF No. 32) is construed as a motion for leave 7 8 9 10 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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