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William Cecil Thorton v. Euketa Oliver

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 30, 2011

WILLIAM CECIL THORTON,
PETITIONER,
v.
EUKETA OLIVER,
RESPONDENT.

The opinion of the court was delivered by: Louisa S Porter United States Magistrate Judge

[ECF No. 7]

ORDER DENYING PETITIONER'S MOTION FOR ORDER OF UNLIMITED PRO PER PRIVILEGES AND NO PHOTOCOPYING LIMIT

On February 17, 2011, Petitioner William Cecil Thorton ("Petitioner"), a state prisoner proceeding pro se and in forma pauperis, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) On February 23, 2011, the Honorable Irma E. Gonzalez dismissed the Petition without prejudice and with leave to amend. (ECF No. 3.) On March 23, 2011, Petitioner filed the instant Motion for Order of Unlimited Pro Per Privileges and No Photocopying Limit. (ECF No. 7.) In order to comply with this Court's order and file an Amended Petition for Writ of Habeas Corpus, Petitioner claims he needs to photocopy over one hundred pages of exhibits, including handwritten letters to Respondent Euketa Oliver and various documents from the state courts. He contends the California Department of Corrections and Rehabilitation has thwarted his ability to fully litigate his Petition by limiting the number of pages he may photocopy per legal filing. However, the Court notes Petitioner filed a First Amended Petition for Writ on Habeas Corpus on March 18, 2011. (ECF No. 4.) His First Amended Petition includes over one hundred pages of exhibits. Thus, it does not appear that his alleged limited access to photocopying has impaired his ability to litigate his Petition at this time. At present, no further briefing is required of Petitioner. Accordingly, Petitioner's motion is hereby DENIED without prejudice.

IT IS SO ORDERED.

cc: The Honorable Irma E. Gonzalez All parties

20110330

© 1992-2011 VersusLaw Inc.



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