Darryl Burghardt v. Kelly Santoro

United States District Court for the Eastern District of California

Darryl Burghardt v. Kelly Santoro

Trial Court Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 DARRYL BURGHARDT, No. 2:25-cv-0960-SCR 10 Petitioner, 11 v. ORDER 12 KELLY SANTORO, 13 Respondent. 14 15 Petitioner requested an extension of time to file a supplemental brief concerning equitable 16 tolling of the statute of limitations based on his mental impairment. ECF No. 11. Since filing the 17 request, petitioner submitted over 500 pages of his mental health treatment records in support of 18 equitable tolling. Despite access to these records, the court finds that a supplemental brief from 19 petitioner is still necessary to explain how his mental illness made it impossible to timely file his 20 § 2254 petition in this court. See Bills v. Clark,

628 F.3d 1092, 1101

(9th Cir. 2010). Good 21 cause appearing, IT IS HEREBY ORDERED that: 22 1. Petitioner’s request for an extension of time is granted; and 23 2. Petitioner shall file a supplemental brief by December 8, 2025. 24 3. Respondent shall file a supplemental brief by December 22, 2025. 25 //// 26 //// 27 //// 28 //// ] 4. Petitioner may file a reply brief no later than December 29, 2025. 2 || DATED: November 4, 2025 3 4 .

5 SEAN C. RIORDAN ‘ UNITED STATES MAGISTRATE JUDGE 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown