Opinion
No. 2:12-cv-01221 MCE JFM (HC)
05-09-2013
ORDER
Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 5, 2012, respondent filed a motion to dismiss asserting that petitioner is barred by the applicable one-year statute of limitations set by 28 U.S.C. § 2244(d)(1). ECF No. 12. Petitioner responded on November 15, 2012, arguing, inter alia, that he was transferred two times during the relevant period between February 24, 2011, and May 10, 2011, and had "no access to records." ECF No. 14.
Good cause appearing, IT IS HEREBY ORDERED that within fifteen days from the date of this order the parties shall provide evidence concerning petitioner's prison transfer(s) for the relevant period between February 24, 2011, and May 10, 2011. Specifically, the parties shall provide evidence of the date(s) of petitioner's transfer(s) and, as appropriate, the period(s) of time, if any, during which petitioner was separated from his legal property.
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EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE