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McCurdy v. Davey, 16-00696 BLF (PR). (2019)

Court: District Court, N.D. California Number: infdco20190806a09 Visitors: 11
Filed: Aug. 02, 2019
Latest Update: Aug. 02, 2019
Summary: ORDER GRANTING FOURTH EXTENSION OF TIME TO FILE TRAVERSE BETH LABSON FREEMAN , District Judge . Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging his state conviction. The Court directed Respondent to file an answer showing cause why a writ of habeas corpus should not be issued. (Docket No. 32.) On March 22, 2019, Respondent filed an answer. (Docket No. 35.) On July 15, 2019, the Court granted Petitioner'
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ORDER GRANTING FOURTH EXTENSION OF TIME TO FILE TRAVERSE

Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction. The Court directed Respondent to file an answer showing cause why a writ of habeas corpus should not be issued. (Docket No. 32.) On March 22, 2019, Respondent filed an answer. (Docket No. 35.) On July 15, 2019, the Court granted Petitioner's request for a third extension of time file a traverse due to limited access to the library, among other reasons, such that the traverse was due no later than July 29, 2019. (Docket No. 44.)

On July 29, 2019, Petitioner filed a letter indicating that he has recently been discharged from "MHCB," where he was admitted due to mental health issues, and that he has not received any response to his request for a third extension of time. (Docket No. 46.) In the interest of justice, the Court sua sponte grants Petitioner another extension of time to file a traverse.

Petitioner shall file a traverse with the Court and serve it on Respondent no later than twenty-one (21) days from the date this order is filed.

IT IS SO ORDERED.

Source:  Leagle

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