Ellis v. Attorney General State of New Mexico

Filing 41

ORDER by Magistrate Judge Kevin R. Sweazea granting 38 and 39 Motions for Extension of Time to File Objections. Objections due May 7, 2021. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
GENE GILBERT ELLIS III,
Petitioner,
vs.

No. 2:18-CV-00012-JCH-KRS

RAYMOND SMITH, Warden, and
ATTORNEY GENERAL STATE OF
NEW MEXICO,
Respondents.
ORDER GRANTING MOTIONS FOR EXTENSION OF TIME TO FILE OBJECTIONS
THIS MATTER is before the Court on Petitioner Gene Gilbert Ellis III’s Motion for
Additional Time to Object to the Proposed Findings and Recommended Disposition addressing
his habeas corpus petition (Doc. 39), and on Ellis’s “Motion to Provide Supplemental
Information,” which requests the same relief (Doc. 38). The Court will grant the motions as
provided.
Ellis is a pro se prisoner seeking habeas relief pursuant to 28 U.S.C. § 2254. (See Doc. 1).
The undersigned entered the Proposed Findings and Recommended Disposition (“PFRD”)
concerning Ellis’s habeas claims on February 23, 2021. (See Doc. 34). The undersigned notified
the parties that objections to the PFRD were due within 14 days and that any request for
extension of time to file objections must be filed within 7 days. (See id. at 28).
In a motion dated March 10, 2021 and postmarked the next day, Ellis stated that he had
only received the PFRD on March 9 due to a facility transfer, and he requested additional time to
prepare and file objections. (See Doc. 36). On March 24, 2021, the Court entered an order
affording Ellis an additional 30 days—until April 23, 2021—to file any objections. (Doc. 37).

In the present motions, which are dated April 22, 2021 but postmarked April 27, 2021,
Ellis states that he was placed in restrictive housing on April 11 and was only released from that
unit on April 22. (See Docs. 38 & 39). As grounds, Ellis claims he was denied writing materials
and legal paperwork during his time in restrictive housing. (See id.). Respondents do not oppose
Ellis’s request for additional time to file objections. (Doc. 40).
The Court notes that in the purported 43 days between Ellis’s receipt of the PFRD and his
filing of the instant motions, only 11 of those days were allegedly spent in restrictive housing.
Ellis does not explain what, if any, steps he took to prepare objections during the 32 days prior to
his assignment to restrictive housing. Since that period was already well over double the time
traditionally allowed for parties to file objections, see 28 U.S.C. § 636(b)(1), and since Ellis does
not request a specific time period for his extension, the Court presumes that Ellis is near
completion of any objections that he intends to file. Accordingly, only a brief additional
extension will be afforded to him.
IT IS, THEREFORE, ORDERED that Petitioner Gene Gilbert Ellis III’s Motion for
Additional Time to Object (Doc. 39) and Motion to Provide Supplemental Information (Doc. 38)
are GRANTED. Ellis’s objections, if any, to the pending PFRD are due by May 7, 2021. No
further extensions of time will be granted.

_____________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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