McCain v. Holbrook

Filing 34

ORDER granting Respondent's 32 Motion for Extension of Time. Respondent shall file his response to Petitioner's motion (dkt. ## 30 , 31 ) by 5/8/2019. The Clerk is directed to RE-NOTE Petitioner's motion (dkt. # 30 ) for 5/10/2019. The Court also directs the Clerk to RESET the deadline for Petitioner to respond to the Court's order to show cause to 5/31/2019. Signed by Hon. Michelle L. Peterson. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STANTON HARRY MCCAIN II,
Petitioner,

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v.
DONALD R HOLBROOK,

Case No. C18-328-RAJ-MLP
ORDER GRANTING
RESPONDENT’S MOTION FOR
EXTENSION OF TIME

Respondent.

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This is a 28 U.S.C. § 2254 habeas action. Petitioner’s response to the Court’s order to

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show cause is due May 10, 2019. (Dkt. # 29.) On April 15, 2019, Petitioner filed a motion asking

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the Court to order Respondent to provide him access to his legal property, so he could assist his

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attorney in responding to the Court’s order to show cause. (Dkt. ## 30 (original motion), 31

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(amended motion).) The motion was noted for April 26, 2019.

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In lieu of filing a response, Respondent moved for an extension of time until May 8,

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2019, to respond. (Dkt. # 32.) According to counsel for Respondent, “[a]n extension of time is

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necessary to ensure all of Mr. McCain’s property has been shipped and provided to him.” (Dkt. #

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33 at ¶ 4.) Petitioner did not file an opposition to Respondent’s motion for extension of time.

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ORDER GRANTING RESPONDENT’S
MOTION FOR EXTENSION OF TIME - 1

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Based on the foregoing, the Court GRANTS Respondent’s motion for extension of time

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(dkt. # 33), and ORDERS Respondent to file his response to Petitioner’s motion (dkt. ## 30, 31)

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by May 8, 2019. The Clerk is directed to RE-NOTE Petitioner’s motion (dkt. # 30) for May 10,

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2019. Petitioner shall file a reply by the noting date and should, at a minimum, inform the Court

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what legal materials he has received and whether there are legal materials he is still unable to

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access.

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The Court also directs the Clerk to RESET the deadline for Petitioner to respond to the

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Court’s order to show cause to May 31, 2019, and to send copies of this order to the parties and

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to the Honorable Richard A. Jones.

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Dated this 8th day of May, 2019.

A

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MICHELLE L. PETERSON
United States Magistrate Judge

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ORDER GRANTING RESPONDENT’S
MOTION FOR EXTENSION OF TIME - 2