IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 2, 2010
JEROME JACKSON, PETITIONER,
JOHN W. HAVILAND, RESPONDENT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner raises one claim of ineffective assistance of counsel. On August 13, 2010, the magistrate judge assigned to this case issued findings and recommendations which recommended that petitioner's application be denied. The parties were advised that they could file objections to these findings and recommendations within twenty-one days. Neither party filed objections, and judgment was entered denying petitioner's habeas application on September 24, 2010. On the same date that judgment was entered, petitioner filed a request for extension of time to file objections to the findings and recommendations. Petitioner acknowledges that he received the findings and recommendations on August 16, 2010, but he explains that he did not file timely objections because of a lack of access to the law library and his "inability to secure [a] legal assistant."
Petitioner's request for an order reopening this case in order to allow him to file late objections to the August 13, 2010 findings and recommendations will be denied. Petitioner has failed to establish good cause for his failure to request an extension of time or file his objections in a timely manner. A legal assistant and access to the law library are not necessary for that purpose.*fn1
Accordingly, IT IS HEREBY ORDERED that petitioner's September 24, 2010 request for an extension of time is denied.