Nelson v. Swarthout
Filing
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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)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PATRICK OTIS NELSON,
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No. C-11-313 EMC (pr)
Petitioner,
ORDER TO SUPPLEMENT EVIDENCE
v.
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For the Northern District of California
United States District Court
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D. K. SISTO,
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Respondent.
___________________________________/
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Respondent moved to dismiss the petition for writ of habeas corpus as barred by the statute
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of limitations. In his opposition to that motion, Petitioner stated that he had been attempting to
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obtain files from his counsel and was subjected to prison lockdowns. He provided little evidence of
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either: his statements were not made under penalty of perjury, he provided almost no dates as to
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when any events occurred, and many of the documents attached to his petition were
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unsigned/undated. No later than December 20, 2011, Petitioner must file and serve on Respondent
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a declaration (with any helpful documents he wants to attach to it), in which he provides details of
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his efforts to obtain the files and why he thought he needed his files. He should describe what he did
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and when he did it, and describe any impediments to his efforts. He also should explain what
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records from the court proceedings he did have and for how long he had them. For any period he
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claims he was precluded from attending a library due to a lockdown, he should explain why he was
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unable to use a prison paging system to access legal materials. The Court only wants factual
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information; no further legal brief is appropriate.
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IT IS SO ORDERED.
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Dated: November 22, 2011
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_________________________
EDWARD M. CHEN
United States District Judge
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For the Northern District of California
United States District Court
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