(HC) Cordero v. McDonald, No. 2:2010cv01899 - Document 26 (E.D. Cal. 2011)
Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 5/25/11 ORDERING that 19 FINDINGS AND RECOMMENDATIONS are VACATED; Petitioner is granted 21 days from the date of this order in which to file and serve evidence in support of his assertions concerni ng the lockdowns at High Desert State Prison and the effect of said lockdowns on access to the prison law library and legal materials; and Respondent is granted 14 days thereafter in which to file and serve a reply to petitioners opposition to respondents motion to dismiss.(Dillon, M)
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(HC) Cordero v. McDonald Doc. 26 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RICHARD CORDERO, 10 11 12 Petitioner, No. CIV S-10-1899 GEB DAD P vs. MICHAEL D. McDONALD, 13 Respondent. 14 ORDER / 15 Petitioner is a state prisoner proceeding pro se with an application for a writ of 16 habeas corpus pursuant to 28 U.S.C. § 2254. On April 4, 2011, this court issued findings and 17 recommendations finding that this action is barred by the applicable statute of limitations and 18 recommending that respondent’s September 21, 2010 motion to dismiss on that ground, 19 unopposed by petitioner, be granted. On April 13, 2010, petitioner filed a motion for a sixty day 20 extension of time to file objections to the findings and recommendations. By order filed April 21 26, 2011, petitioner was granted sixty days in which to file and serve objections to this court’s 22 April 4, 2011 findings and recommendations and, as appropriate, a proposed opposition to 23 respondent’s September 21, 2010 motion to dismiss. On May 16, 2011, petitioner filed 24 objections to the findings and recommendations and a proposed opposition to the motion to 25 dismiss. 26 Good cause appearing, IT IS HEREBY ORDERED that: 1 Dockets.Justia.com 1 1. The findings and recommendations filed April 4, 2011 are vacated; 2 2. Petitioner is granted twenty-one days from the date of this order in which to 3 file and serve evidence in support of his assertions concerning the lockdowns at High Desert 4 State Prison and the effect of said lockdowns on access to the prison law library and legal 5 materials; and 6 3. Respondent is granted fourteen days thereafter in which to file and serve a 7 reply to petitioner’s opposition to respondent’s motion to dismiss. 8 DATED: May 25, 2011. 9 10 11 12 DAD:12 cord1899.fb 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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