Racca v. United States of America

Filing 9

ORDER granting respondent's 7 Motion for Extension of Time. A COPY OF THIS ORDER HAS BEEN MAILED TODAY TO PETITIONER. Signed by Hon. Mary Alice Theiler.(GB)

01 02 03 04 05 06 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 07 08 09 JERRY BUNNAO RACCA, 10 11 12 13 ) ) Petitioner, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________ ) CASE NO. C11-1235-RSM-MAT (CR06-106-RSM) ORDER GRANTING GOVERNMENT’S MOTION FOR EXTENSION OF TIME 14 15 This is an action brought pursuant to 28 U.S.C. § 2255. Currently pending before the 16 Court is the government’s motion for an extension of time to file an answer to petitioner’s 17 § 2255 motion. The Court, having considered the government’s motion, and the balance of the 18 record, does hereby find and ORDER: 19 (1) The government’s unopposed motion for an extension of time to file an answer 20 to petitioner’s § 2255 motion (Dkt. No. 7) is GRANTED. The government is directed to file 21 and serve its answer not later than October 17, 2011. The government is reminded that the 22 answer will be treated in accordance with Local Rule CR 7 and, thus, should be noted on the ORDER GRANTING GOVERNMENT’S MOTION FOR EXTENSION OF TIME PAGE - 1 01 Court’s calendar for consideration on the fourth Friday after it is filed. The government is 02 further reminded that the noting date must appear in the caption of the document. Any 03 submission which does not comply with this requirement will be stricken. 04 Petitioner may file and serve a response to the government’s answer not later than the 05 Monday immediately preceding the Friday appointed for consideration of the matter. The 06 government may file and serve a reply brief not later than the Friday designated for 07 consideration of the matter.1 08 (2) The Clerk is directed to send copies of this Order to petitioner, to the United 09 States Attorney, and to the Honorable Ricardo S. Martinez. 10 DATED this 26th day of September, 2011. 11 A 12 Mary Alice Theiler United States Magistrate Judge 13 14 15 16 17 18 19 20 21 1 The Court notes that an identical motion for extension of time was posted in the underlying criminal case. (See CR96-106-RSM, Dkt. No. 396.) That motion is STRICKEN 22 as moot. ORDER GRANTING GOVERNMENT’S MOTION FOR EXTENSION OF TIME PAGE - 2