(HC) Gonzalez v. Unknown ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERARDO GONZALEZ, No. 2:20-cv-01697 JAM GGH P 12 Petitioner, 13 v. ORDER 14 UNKNOWN, 15 Respondent. 16 17 On December 11, 2010, the undersigned issued Findings and Recommendations 18 recommending dismissal due to petitioner’s failure to respond to court orders or take any action to 19 prosecute this case. ECF No. 10. Prior, petitioner had failed to file a petition for writ of habeas 20 corpus and an application to proceed in forma pauperis in order to properly commence this action. 21 Petitioner has now filed a motion for extension of time to file his habeas petition and a writ of 22 certiorari. ECF No. 11. Petitioner cites limited access to the prison law library due to the ongoing 23 coronavirus pandemic. The court will afford petitioner an opportunity to file a petition for writ of 24 habeas corpus and an application to proceed in forma pauperis in order to properly commence this 25 action. Petitioner shall take care to comply with the court’s deadlines and orders or risk a 26 recommendation that this action be dismissed for failure to prosecute and/or to follow a court 27 //// 28 //// 1 order pursuant to Federal Rules of Civil Procedure 41(b). Petitioner is further cautioned that 2 further extensions of time will not be permitted absent compelling circumstances. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations issued December 11, 2020 (ECF No. 10), is 5 VACATED; 6 2. Petitioner’s motion for an extension of time (ECF No. 11) is granted; 7 3. Petitioner shall file a petition for writ of habeas corpus and an application to proceed in 8 forma pauperis within thirty days from the date of this order; and 9 4. Petitioner is further warned that failure to comply with this order will result in a 10 recommendation that this action be dismissed without prejudice.1 11 Dated: January 11, 2021 /s/ Gregory G. Hollows 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Petitioner is further advised that the AEDPA statute of limitations is not tolled by this extension 27 of time. Generally, the filing of a petition stops the running of the limitations period. Here, petitioner will not be entitled to equitable tolling based on this order granting petitioner’s request 28 for an extension of time. See Sossa v. Diaz, 729 F.3d 1225, 1235 (9th Cir. 2013).