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Romero v. Tilton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 12, 2008

JOSE DAVID ROMERO, PETITIONER,
v.
JAMES TILTON, ET AL., RESPONDENT.

The opinion of the court was delivered by: Theresa A. Goldner United States Magistrate Judge

ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION OF TIME TO FILE TRAVERSE (Doc. 18) THIRTY (30) DAY DEADLINE

Petitioner is a state prisoner proceeding pro se in a habeas corpus action pursuant to 28 U.S.C. § 2254. On September 2, 2008, Petitioner filed a motion to extend the time to file a traverse. (Doc. 18). Petitioner's motion asserts two grounds for an extension of time. First, he does not know when his traverse is due. Second, he has had restricted access to the prison law library.

As to Petitioner's first ground, the Court notes that the briefing schedule in this case was set by order dated May 16, 2008, which notified both parties that Petitioner's traverse, if any,*fn1 is due thirty (30) days from the date Respondent's answer is filed with the Court. (Doc. 11, p.2). Respondent's answer was filed on August 14, 2008. (Doc. 14). Respondent's proof of service reflects that the answer was served on Petitioner by mail on August 14, 2008. (Doc. 14, p. 23). Thus, Petitioner has been given proper notice of the deadline to file a traverse and his first ground does not establish good cause for a continuance.

However, Petitioner also contends that he has been locked down in the prison where he is incarcerated and has had restricted access to the prison law library. Prison lockdowns and restricted library access are not unusual. Nevertheless, and in light of the fact that this is Petitioner's first request for an extension of time in this action, the Court finds that good cause exists to grant en extension of time, but only for thirty (30) days.

Accordingly, the Court makes the following orders:

1. Petitioner is granted thirty (30) days from the date of service of this order in which to file a traverse; and

2. No further continuances will be granted without a showing of good cause/extraordinary cirumstances.

IT IS SO ORDERED.


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