Nelson v. Swarthout
Filing
22
ORDER to Supplement Evidence. Signed by Judge Edward M. Chen on 11/22/2011. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 11/22/2011)
<![CDATA[
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA
7
8
PATRICK OTIS NELSON,
9
No. C-11-313 EMC (pr)
Petitioner,
ORDER TO SUPPLEMENT EVIDENCE
v.
11
For the Northern District of California
United States District Court
10
D. K. SISTO,
12
Respondent.
___________________________________/
13
14
15
Respondent moved to dismiss the petition for writ of habeas corpus as barred by the statute
16
of limitations. In his opposition to that motion, Petitioner stated that he had been attempting to
17
obtain files from his counsel and was subjected to prison lockdowns. He provided little evidence of
18
either: his statements were not made under penalty of perjury, he provided almost no dates as to
19
when any events occurred, and many of the documents attached to his petition were
20
unsigned/undated. No later than December 20, 2011, Petitioner must file and serve on Respondent
21
a declaration (with any helpful documents he wants to attach to it), in which he provides details of
22
his efforts to obtain the files and why he thought he needed his files. He should describe what he did
23
and when he did it, and describe any impediments to his efforts. He also should explain what
24
///
25
///
26
///
27
///
28
///
1
records from the court proceedings he did have and for how long he had them. For any period he
2
claims he was precluded from attending a library due to a lockdown, he should explain why he was
3
unable to use a prison paging system to access legal materials. The Court only wants factual
4
information; no further legal brief is appropriate.
5
6
IT IS SO ORDERED.
7
8
Dated: November 22, 2011
9
_________________________
EDWARD M. CHEN
United States District Judge
11
For the Northern District of California
United States District Court
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
