Castro-Lino v. Haynes

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 JOSE RAFAEL CASTRO-LINO, CASE NO. 3:19-cv-05405 BHS-JRC 11 Petitioner, ORDER GRANTING EXTENSION 12 v. TO FILE REPLY 13 RON HAYNES, 14 Respondent.

16 This matter is before the Court on petitioner’s “Motion For Extension of Time to file opening Brief[.]” Dkt. 21.

18 After petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254, respondent filed an answer that failed to address one of petitioner’s grounds and that did not include the entire relevant state court record. See Dkt. 17, at 1–2. Thus the Court ordered respondent to expand the record and to file a supplemental answer regarding the unaddressed ground for relief. See Dkt. 17, at 2. The Court further allowed petitioner until November 8, 2019 to file a reply. Dkt. 17, at 2.

1 After petitioner timely filed a supplemental answer and the trial transcripts (see Dkts. 19, 20), petitioner filed the pending motion, requesting “a 60 day extension to file [his] opening brief [sic].” Dkt. 21. Petitioner’s stated reason for the extension is that he lacks legal training and has limited law library access. Dkt. 21, at 1. Respondent has not filed any opposition to the request.

5 See Dkt.

6 The Court interprets petitioner’s request as one to have the deadline to file a reply to respondent’s response and supplemental answer extended. See Dkts. 14, 19. The request is granted. Petitioner may file a reply to respondent’s response (Dkt. 14) and supplemental answer.

9 Dkt. 19. If petitioner decides to file a reply, it must be directed toward the arguments raised in respondent’s response and supplemental answer. In a reply, petitioner may not raise additional grounds to those raised in his habeas petition. See Cacoperdo v. Demosthenes, 37 F.3d 504, 507 (9th Cir. 1994) (“A Traverse [reply] is not the proper pleading to raise additional grounds for relief.”).

14 The Clerk shall update the docket to reflect that petitioner may file a reply directed to respondent’s response (Dkt. 14) and supplemental answer (Dkt. 19) on or before January 7, 2020. Petitioner’s writ of habeas corpus (Dkt. 3) should be re-noted for consideration on January 7, 2020.

18 Dated this 18th day of November, 2019.

A J. Richard Creatura United States Magistrate Judge