Sanders v. Biter

Northern District of California, cand-4:2015-cv-01536

ORDER REQUIRING RESPONDENT TO FILE SUPPLEMENTAL BRIEF. Signed by Judge Haywood S. Gilliam, Jr. on 1/6/2016.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 DARREN SANDERS, 7 Case No. 15-cv-01536-HSG Plaintiff, 8 ORDER REQUIRING RESPONDENT v. TO FILE SUPPLEMENTAL BRIEF 9 MARTIN BITER, 10 Defendant. 11 12 Northern District of California United States District Court 13 Petitioner, an inmate at Kern Valley State Prison, 1 has filed this pro se action for a writ of 14 habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has moved to dismiss the petition as 15 untimely. Within thirty (30) days of the state of this order, Respondent is ordered to file a 16 supplemental brief addressing whether Petitioner is entitled to statutory tolling pursuant to 28 17 U.S.C. § 2244(d)(2) (tolling the one-year limitations period for the "time during which a properly 18 filed application for State post-conviction or other collateral review with respect to the pertinent 19 judgment or claim is pending"). In particular, Respondent shall specify when Petitioner's state 20 habeas petition was filed in Santa Clara Superior Court. Respondent shall also file with the Court 21 copies of any state court filings that are relevant to the issue of statutory tolling that have not 22 previously been filed. 23 IT IS SO ORDERED. 24 Dated: January 6, 2016 25 ______________________________________ HAYWOOD S. GILLIAM, JR. 26 United States District Judge 27 28 1 In accordance with Habeas Rule 2(a) and Rule 25(d)(1) of the Federal Rules of Civil Procedure, the Clerk of the Court is directed to substitute Warden Christian Pfeiffer as Respondent because he is Petitioner's current custodian.