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Benito Julian Luna v. Scott Kernan

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


August 2, 2011

BENITO JULIAN LUNA, PETITIONER,
v.
SCOTT KERNAN, RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner's former appointed counsel has requested $14,402.52 in attorneys' fees. This case was unduly delayed by petitioner's counsel during the exhaustion process and/or the period after exhaustion but before re-commencement of the action in federal court, to the point that when the amended petition was filed, the issue of the expiration of the statute of limitations was raised sua sponte by the undersigned. That issue remains pending. Until the action has been adjudicated, the undersigned declines to award attorneys' fees. Should the action not be dismissed on limitations' grounds, the undersigned will reconsider this order.

20110802

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