Trujillo v. Grounds

Filing 32

ORDER by Judge Claudia Wilken GRANTING PETITIONERS 31 MOTION TO EXPAND THE RECORD AND SETTING BRIEFING SCHEDULE. (ndr, COURT STAFF) (Filed on 8/18/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 11-1908 CW
ARMANDO TRUJILLO,
Petitioner,

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v.
RANDY GROUNDS, Warden.
Respondent.

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United States District Court
For the Northern District of California

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ORDER GRANTING
PETITIONER’S MOTION TO
EXPAND THE RECORD AND
SETTING BRIEFING
SCHEDULE

________________________________/

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Petitioner, a state prisoner, filed the present petition for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging

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the legality of his conviction.

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dismiss the petition as barred by the one-year statute of

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limitations applicable to federal habeas corpus petitions.

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U.S.C. § 2244(d).

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filed an opposition, in which he appeared to argue that he is

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entitled to equitable tolling of the limitations period because he

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was abandoned by the attorney he retained to file a timely

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petition.

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record, or an evidentiary hearing would be necessary to develop

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the factual record on the issue and exercised its discretion to

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appoint counsel for the sole purpose of representing Petitioner in

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connection with his claim he is entitled to equitable tolling.

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Respondent filed a motion to

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Petitioner, at that time proceeding pro se,

The Court found that discovery, expansion of the

The Court also denied Respondent’s motion to dismiss without

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prejudice and ordered the parties to meet and confer regarding a

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briefing schedule.

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or desire to expand the record.”

Respondent stated that he did not “have a need
Docket No. 27.

Petitioner has

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now filed a motion to expand the record and a memorandum in

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support of his claim that he is entitled to equitable tolling.

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Respondent has not filed an opposition to the motion.

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Having considered the parties’ papers and the record in this

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case, the Court GRANTS Petitioner’s motion to expand the record

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(Docket No. 31).

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Respondent shall inform Petitioner and the Court whether he renews

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his motion to dismiss the petition.

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dismiss, Respondent shall also file a brief addressing

Within thirty days of the date of this order,

If he renews the motion to

United States District Court
For the Northern District of California

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Petitioner’s additional declarations and materials and his

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memorandum in support of his claim that he is entitled to

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equitable tolling.

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days thereafter.

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dismiss, he shall file an answer to the petition within sixty days

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of the date of this order and Petitioner may file a traverse

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within thirty days thereafter.

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Respondent answers the petition, he will be responsible for filing

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his traverse pro se because counsel was only appointed to assist

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him with his claim that he is entitled to equitable tolling.

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Petitioner may file a reply brief within 15

If Respondent does not renew his motion to

Petitioner is advised that, if

IT IS SO ORDERED.

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Dated: 8/18/2014

CLAUDIA WILKEN
United States District Judge

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