(HC) Sanchez v. Rackley, No. 1:2016cv00604 - Document 18 (E.D. Cal. 2016)

Court Description: ORDER for Supplemental Briefing on Equitable Tolling and VACATING September 27, 2016 16 FINDINGS AND RECOMMENDATIONS, signed by Magistrate Judge Erica P. Grosjean on 11/21/2016. (30-Day Deadline) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FELIPE GUERRA SANCHEZ, Petitioner, 12 13 14 15 Case No. 1:16-cv-00604-LJO-EPG-HC ORDER FOR SUPPLEMENTAL BRIEFING ON EQUITABLE TOLLING AND VACATING SEPTEMBER 27, 2016 FINDINGS AND RECOMMENDATION (ECF No. 16) v. RONALD RACKLEY, Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. On September 27, 2016, the undersigned issued findings and 19 recommendation recommending that Respondent’s motion to dismiss be granted and the petition 20 be dismissed as untimely. (ECF No. 16). On October 26, 2016, Petitioner filed objections to the 21 findings and recommendation, arguing that he is entitled to equitable tolling because he does not 22 speak English, the prison law library lacked Spanish-language legal materials, and he pursued his 23 rights as diligently as possible until he was finally able to receive assistance from a fellow 24 inmate. (ECF No. 17). 25 The statutory limitations period is subject to equitable tolling if a petitioner demonstrates 26 “‘(1) that he has been pursuing his rights diligently, and (2) that some extraordinary 27 circumstance stood in his way’ and prevented timely filing.” Holland v. Florida, 560 U.S. 631, 28 649 (2010) (quoting Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005)). The Ninth Circuit has 1 1 recognized that a “combination of (1) a prison law library’s lack of Spanish-language legal 2 materials, and (2) a petitioner’s inability to obtain translation assistance before the one-year 3 deadline, could constitute extraordinary circumstances.” Mendoza v. Carey, 449 F.3d 1065, 1069 4 (9th Cir. 2006). Given the fact-intensive nature of equitable tolling claims, Sossa v. Diaz, 729 5 F.3d 1225, 1229–30 (9th Cir. 2013), further development of the record is warranted to address 6 this issue. 7 8 9 10 11 12 13 Accordingly, the Court HEREBY ORDERS: 1. The Findings and Recommendation issued on September 27, 2016 (ECF No. 16) is VACATED; 2. Within thirty (30) days of the date of service of this order, Respondent shall file a response addressing Petitioner’s claim of equitable tolling; and 3. Within thirty (30) days of the date of service of the Respondent’s response, Petitioner shall file a reply. 14 15 16 IT IS SO ORDERED. Dated: November 21, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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