United States District Court for the Eastern District of California, 2022

(HC) Williams v. Pallares

(HC) Williams v. Pallares
United States District Court for the Eastern District of California · Decided September 22, 2022
(HC) Williams v. Pallares

Trial Court Opinion

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA TANISHIA SAVANNAH WILLIAMS, No. 2:20-cv-01519-TLN-JDP 12 Petitioner, 13 v. ORDER MICHAEL PALLARES, 15 Respondents.

17 Petitioner, proceeding pro se, has filed an application 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 19 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20 On May 24, 2022, the magistrate judge filed findings and recommendations herein which were served on Petitioner and which contained notice to Petitioner that any objections to the findings and recommendations were to be filed within fourteen days. (ECF No. 40.) Petitioner has filed objections to the findings and recommendations.1 (ECF No. 47.)

1 In her objections, Petitioner appears to argue that should the Court find that she has not established good cause to stay her petition, Rhines v. Weber, 544 U.S. 269 (2005), she should be afforded additional time to obtain assistance from counsel — which she claims her family recently retained — and to file new objections. (ECF No. 47.) Petitioner has had more than three months to file objections to the May 24, 2022 findings and recommendations. And despite her representation that she has retained counsel, no attorney has appeared in this action on her behalf.

28 Accordingly, there is no basis for granting Petitioner additional time to seek legal assistance and 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this | Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the | Court finds the findings and recommendations to be supported by the record and by proper | analysis.

5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Petitioner’s Motion for an Extension of Time to File Objections (ECF No. 46) is | GRANTED, and her Objections filed September 7, 2022 CECF No. 47) are deemed timely; 8 2. The Findings and Recommendations filed May 24, 2022 (ECF No. 40) are ADOPTED | in full; and 10 3. Petitioner’s Motion to Reopen the Case (ECF No. 38) and Motion for Court Order | (ECF No. 39) are DENIED.

12 | DATED: September 21, 2022 { /) 13 “ Lu Troy L. Nuhlep ] 15 United States District Judge | file new objections.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.