White v. Dickinson
Filing
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ORDER for further briefing signed by Magistrate Judge Gary S. Austin on 6/14/2011 re 16 Opposition to Motion filed by Alfred White. (Filing Deadline: 7/14/2011). (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALFRED WHITE,
1:10-CV-02121 AWI GSA HC
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Petitioner,
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ORDER FOR FURTHER BRIEFING
v.
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KATHLEEN DICKINSON, Warden,
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Respondent.
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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254.
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On December 30, 2010, the Court directed Respondent to file a responsive pleading to the
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petition. Respondent filed a motion to dismiss on February 18, 2011, alleging the petition was
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untimely filed under 28 U.S.C. § 2244(d). Petitioner filed an opposition to the motion on April 13,
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2011. Respondent did not file a reply.
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Petitioner contends in his opposition that he was unable to comply with the statute of
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limitations because he suffers from a developmental disability. He also claims prison authorities
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created an unconstitutional impediment to his timely filing by failing to provide him with services
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normally granted to developmentally disabled prisoners. Petitioner’s arguments, if true, may warrant
U .S. D istrict C ourt
E. D . C alifornia
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equitable tolling, see Laws v. Lamarque, 351 F.3d 919, 923 (9th Cir.2003), and/or statutory tolling,
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see 28 U.S.C. § 2244(d)(1)(B). Accordingly, Respondent is DIRECTED to file a brief in response to
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Petitioner’s opposition within thirty (30) days of the date of service of this Order, or in the
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alternative, a motion to withdraw the motion to dismiss. In the event Respondent files a brief in
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response to Petitioner’s opposition, Petitioner may file a reply brief within fourteen (14) days of the
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date of service of Respondent’s brief.
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IT IS SO ORDERED.
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Dated:
6i0kij
June 14, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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