Johnson v. Martel

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 08/08/18 ORDERING petitioner's request for an extension of time 4 is GRANTED to the extent that he shall have 30 days from service of this order to file objections to the 7/09/18 findings and recommendations. To the extent that petitioner seeks an extension of time for any other purpose, the request is DENIED. Petitioner's request for copies 4 is GRANTED IN PART. The clerk of the court is directed to provide petitioner with a courtesy copy of the first 25 pages of the petition only. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER JACOB JOHNSON,

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Petitioner,

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v.

No. 2:18-cv-1604 TLN AC P

ORDER

MICHAEL MARTEL, Warden,

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Respondent.

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On July 9, 2018, the undersigned screened the petition and recommended that it be

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dismissed for lack of habeas jurisdiction because success on the petition would not necessarily

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spell speedier release for petitioner. ECF No. 3. The court also declined to re-characterize the

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petition as a civil rights complaint because of the differences between the two types of action and

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the disadvantages that re-characterization could create for petitioner’s claims. Id. at 4. Petitioner

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was advised that he was free to initiate file a new complaint under 42 U.S.C. § 1983 if he wished.

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Id. He was given twenty-one days to submit objections to the findings and recommendations

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regarding dismissal of the habeas case. Id. at 5. Petitioner has now filed a request for an

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extension of time and for the court to return his petition so that he can “start all over.” ECF No.

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4.

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It is unclear whether his desire to “start all over” means that petitioner wishes to file an
amended habeas petition or wishes to initiate a civil rights action. It is also unclear why he is
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requesting an extension of time. To the extent petitioner is seeking an extension of time to file an

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amended petition, that request will be denied for the same reasons dismissal was recommended in

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the July 9, 2018 findings and recommendations. If plaintiff is seeking to extend the statute of

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limitations for initiating a separate civil rights complaint, that request will also be denied because

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the court cannot extend the statute of limitations. If petitioner wishes to file a civil rights action

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he must file a complaint independent of this habeas case, which will be given a new case number.

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The only deadline that petitioner faces in this case, which could be extended, is the

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deadline for filing objections to the pending findings and recommendations. The court will grant

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petitioner an extension of that deadline.

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As for petitioner’s request for copies, the petition is 174 pages long due to the large

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number of exhibits attached. The court will provide petitioner with a one-time courtesy copy of

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the first twenty-five pages of the petition, which contain his claims, but if he wants a copy of the

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remaining pages, he will need to provide a check for the cost of copies made payable to “Clerk,

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USDC” along with a self-addressed, stamped envelope. Copies are provided at a cost of $0.50

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per page.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for an extension of time (ECF No. 4) is granted to the extent that

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he shall have thirty days from service of this order to file objections to the July 9, 2018 findings

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and recommendations.

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2. To the extent that petitioner seeks an extension of time for any other purpose, the
request is denied.

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3. Petitioner’s request for copies (ECF No. 4) is granted in part. The Clerk of the Court

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is directed to provide petitioner with a courtesy copy of the first twenty-five pages of the petition

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only.

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DATED: August 8, 2018

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