Herndon v. Curtin

Filing 7

ORDER denying 3 Motion For Equitable Tollingto Supplement the Petition; denying 4 . Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PHILLIP HERNDON, Petitioner, v. CINDI CURTAIN, Respondent. __________________________________/ ORDER DENYING PETITIONER'S MOTIONS FOR EQUITABLE TOLLING AND TO SUPPLEMENT At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan on July 1, 2009. PRESENT: HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE This matter is before the Court on Petitioner's motion for equitable tolling to allow him to proceed on his petition for writ of habeas corpus as timely filed under the one-year statute of limitations applicable to federal habeas actions, as well as his motion to supplement that pleading with a psychological report (which he has not attached). Respondent has not yet filed an answer to the habeas petition, nor has Respondent submitted the relevant state court record. Those materials are due on December 14, 2009. Accordingly, the Court DENIES without prejudice Petitioner's motions for equitable tolling and to supplement that motion. The Court shall consider the timeliness of the petition once Respondent's answer is filed. Petitioner need not file another motion Civil Action No. 2:09-12213 Honorable Patrick J. Duggan

concerning this issue, although he may respond to any statute of limitations defense raised by Respondent in accordance with the Federal Rules of Civil Procedure and this Court's Local Rules. SO ORDERED. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Copy to: Phillip Herndon, #231404 Oaks Correctional Facility 1500 Caberfae Highway Manistee, MI 49660

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