Hairston v. Harrington

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 06/09/11 ordering motion for law library access 21 is denied without prejudice. Petitioner's motion for extension of time 22 is granted. Petitioner's reply to respondent's answer is due within 30 days of the date of this order. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY JEROME HAIRSTON, 11 Petitioner, 12 13 No. 2: 10-cv-3056 JAM KJN P vs. K. HARRINGTON, 14 Respondent. 15 ORDER / 16 Petitioner is a state prisoner proceeding without counsel, with a petition for writ 17 of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s May 27, 18 2011 motion for law library access, and his June 6, 2011 motion for an extension of time to file a 19 reply to respondent’s answer. 20 Petitioner alleges that he has been unable to go to the law library for the past few 21 months. However, petitioner does not discuss why he has been unable to obtain law library 22 access. For this reason, petitioner’s motion for law library access is denied without prejudice. If 23 petitioner is unable to obtain law library access to prepare his reply, he may renew his motion. A 24 renewed motion for law library access must detail petitioner’s attempts to obtain law library 25 access. 26 //// 1 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. Petitioner’s motion for law library access (Dkt. No. 21) is denied without 3 prejudice; 4 2. Petitioner’s motion for an extension of time (Dkt. No. 22) is granted; 5 petitioner’s reply to respondent’s answer is due within thirty days of the date of this order. 6 DATED: June 9, 2011 7 8 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 9 10 hai3056.eot 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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