McCray v. Cummins et al (INMATE2)

Filing 20

ORDER granting 19 MOTION for Extension of Time to file response to 16 Supplemental Answer; Petitioner is GRANTED an extension from September 18, 2009 to and including September 25, 2009 to file said response. Signed by Honorable Terry F. Moorer on 9/1/09. (br, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION ____________________________ R O B E R T L. MCCRAY, #167 644 P e titio n e r, v. J O H N CUMMINS, WARDEN, et al., R e s p o n d e n ts . ____________________________ * * * * * 3:09-CV-659-ID (WO)

O R D E R ON MOTION Upon consideration of Petitioner's motion for extension of time, and for good cause, it is ORDERED that: 1 . The motion for extension of time (Doc. No. 19) be and is hereby GRANTED; and 2 . Petitioner is GRANTED an extension from September 18, 2009 to and including S e p te m b e r 25, 2009 to file his response to Respondents' supplemental answer. Petitioner is reminded that he is under order to show cause why the instant petition s h o u ld not be dismissed for his failure to exhaust state remedies with regard to those c h a lle n g e s Petitioner makes to the June 22, 2009 revocation of his parole. This court does n o t deem it appropriate to rule on the merits of Petitioner's claims which he presents in s u p p o rt of his allegation of "wrongful incarceration" without first requiring that Petitioner e x h a u s t state remedies. See 28 U.S.C. § 2254(1)(b)(2).

D o n e , this 1 st day of September 2009.

/s/ Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE

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