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DAVIS v. LACKNER, 2:13-cv-1914 AC P. (2014)

Court: District Court, E.D. California Number: infdco20140320876 Visitors: 20
Filed: Mar. 19, 2014
Latest Update: Mar. 19, 2014
Summary: ORDER ALLISON CLAIRE, Magistrate Judge. On March 12, 2014 petitioner filed a request for status indicating that he has not received any response from the respondent to his federal habeas corpus petition as the court had previously ordered. ECF No. 17. A review of this court's docket indicates that respondent filed a motion to dismiss petitioner's federal habeas corpus petition on February 4, 2014. ECF No. 11. In light of petitioner's notice of change of address which was filed with the court
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ORDER

ALLISON CLAIRE, Magistrate Judge.

On March 12, 2014 petitioner filed a request for status indicating that he has not received any response from the respondent to his federal habeas corpus petition as the court had previously ordered. ECF No. 17. A review of this court's docket indicates that respondent filed a motion to dismiss petitioner's federal habeas corpus petition on February 4, 2014. ECF No. 11. In light of petitioner's notice of change of address which was filed with the court on February 3, 2014, ECF No. 13, the court will construe petitioner's request for status as a request for an extension of time to file an opposition to the motion to dismiss. Good cause appearing, IT IS HEREBY ORDERED that:

1. Petitioner's request for status (ECF No. 17), construed as a request for a an extension of time, is granted;

2. Petitioner shall file an opposition or a statement of non-opposition to the motion to dismiss within thirty days from the date of this order; and,

3. As a one-time courtesy, the Clerk of the Court is directed to send a copy of respondent's February 4, 2014 motion to dismiss to plaintiff.

Source:  Leagle

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