Serratos v. People of the State of California

Filing 35

ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/2018 PARTIALLY GRANTING petitioner's 34 request. Within 14 days, respondent shall inform petitioner whether the notice of lodging included the documents referenced in petitioner's request for clarification (id.); and petitioner has thirty days from the date of this order in which to file a traverse. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN SERRATOS, III,

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No. 2:18-cv-0077 MCE KJN P

Petitioner,
v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.
Petitioner is a state prisoner, proceeding pro se and in forma pauperis, with a petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 7, 2018, petitioner filed a

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request for clarification. Petitioner states that in its answer, respondent did not “specify why

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again there is a new designation counsel,” or address the prior motion to withdraw and motion to

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dismiss action, directing respondent’s attention to the court’s August 21, 2018 order. Petitioner

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also requests respondent ensure certain state court records were lodged with the court.

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Initially, petitioner is advised that respondent is not required to provide a reason why

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different counsel has been designated or assigned to this case. Second, as indicated in the court’s

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August 21, 2018 order, respondent withdrew its motion to dismiss. Because the motion to

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withdraw such motion was granted, respondent is not required to further address either motion.

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Within fourteen days from the date of this order, respondent shall inform petitioner whether the

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notice of lodging included the documents referenced in petitioner’s request.
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In an abundance of caution, petitioner is granted a thirty-day extension of time in which to
file his traverse.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request (ECF No. 34) is partially granted;

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2. Within fourteen days, respondent shall inform petitioner whether the notice of lodging

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included the documents referenced in petitioner’s request for clarification (id.); and
3. Petitioner is granted thirty days from the date of this order in which to file a traverse.
Dated: December 18, 2018

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serr0077.cla+

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