Jackson v. Tilton

Filing 25

ORDER GRANTING 24 Petitioner's MOTION for EXTENSION of TIME to File a Notice of Appeal, signed by Magistrate Judge William M. Wunderlich on 2/17/2009. (Notice of Appeal due by 3/20/2009). (Jessen, A)

1 2 3 4 5 6 7 8 9 10 11 12 SAMUEL DEREK JACKSON, 13 14 15 16 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. On January 20, 2009 this Court entered an order dismissing the 20 petition. On February 12, 2009, Petitioner filed a motion for Extension of Time to Properly 21 Research Procedures and Prepare both an application for certificate of appealability and a Notice of 22 Appeal. 23 Pursuant to Rule 4 of the Federal Rules of Appellate Procedure, a party must file a Notice of 24 Appeal within thirty (30) days after the judgment or order appealed form is entered. Fed.R.App.P. 25 4(a). The district court may extend the time for filing a notice of appeal if a party so moves no later 26 than 30 days after the time prescribed by this Rule 4(a) expires; and regardless of whether its motion 27 is filed before or during the 30 days after the time prescribed by this Rule 4(a) expires, that party 28
U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) JAMES E. TILTON, ) ) Respondent. ) ____________________________________) 1:07-cv-01334 AWI WMW (HC) ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION OF TIME [Doc. #24]

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shows excusable neglect or good cause. Fed.R.App.P 4(a)(5)(i), (ii). Petitioner filed his motion for an extension of time within thirty days of the date that the judgement was entered; therefore, good cause having been presented to the Court and GOOD CAUSE APPEARING, Petitioner is GRANTED thirty (30) days from the date of service of this order in which to file a notice of appeal.

IT IS SO ORDERED. Dated: February 17, 2009 mmkd34 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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