(HC) Stolp v. Holland, No. 1:2016cv00560 - Document 42 (E.D. Cal. 2018)

Court Description: ORDER Modifying 41 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jennifer L. Thurston on 04/03/2018. (Flores, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD H. STOLP, 12 Petitioner, 13 ORDER MODIFYING FINDINGS AND RECOMMENDATION v. [Doc. 41] 14 15 No. 1:16-cv-00560-LJO-JLT (HC) KIM HOLLAND, Respondent. 16 17 Petitioner filed a petition for writ of habeas corpus on March 15, 2016. After a stay of the 18 19 proceedings, the Court issued a scheduling order on October 20, 2017. On February 2, 2018, 20 Respondent filed an answer to the petition. Pursuant to the Court’s scheduling order, Petitioner’s 21 traverse was due on or before March 5, 2018. Petitioner did not file a traverse within the allotted 22 time, nor did he request an extension of time. 23 On March 27, 2018, Petitioner filed an untimely traverse. On March 29, 2018, the Court 24 issued Findings and Recommendations to deny the petition on the merits. Although the traverse 25 was untimely, the Court has considered the arguments presented therein. 26 /// 27 /// 28 /// 1 1 Accordingly, the Court ORDERS that the Findings and Recommendations are 2 MODIFIED to reflect that Petitioner filed an untimely traverse on March 27, 2018. In all other 3 respects, the Findings and Recommendations remain the same. 4 5 6 IT IS SO ORDERED. Dated: April 3, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2