Holt v. Frink

Filing 13

ORDER re 7 Respondent's Motion to Dismiss. Signed by Judge Edward M. Chen on 10/16/2015. (emclc2, COURT STAFF) (Filed on 10/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GREGORY L. HOLT,
Petitioner,

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MARTIN L. FRINK,

Docket No. 7

Respondent.

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For the Northern District of California

United States District Court

ORDER RE RESPONDENT’S MOTION
TO DISMISS

v.

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Case No. 15-cv-01302-EMC

Currently pending before the Court is Respondent Martin L. Frink’s motion to dismiss

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Petitioner Gregory L. Holt’s petition for habeas corpus. The Court held a hearing on the motion

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on October 15, 2015. This order memorializes the oral rulings made by the Court at the hearing

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and makes additional rulings where necessary.
More specifically, the Court defers ruling on the motion to dismiss so that the factual

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record can be developed regarding the issue of equitable tolling. Petitioner shall immediately

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identify for Respondent the various facilities where he has been held between January 10, 2013

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and April 2, 2014 (the “relevant period”). Respondent shall then contact those facilities to obtain

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records regarding Petitioner’s communications to his former counsel, his former counsel’s law

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firm, or other employees at the law firm. In particular, Respondent shall obtain mail logs or phone

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logs for Petitioner during the relevant period. Respondent shall serve any and all records obtained

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on Petitioner no later than December 3, 2015.

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The hearing on the motion to dismiss is continued to December 17, 2015, at 1:30 p.m.

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One week prior to the hearing, each party shall file a brief, no longer than three pages, addressing

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the equitable tolling issue in light of the records obtained.

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IT IS SO ORDERED.

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Dated: October 16, 2015
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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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