Sanchez v. Evans

Filing 11

ORDER signed by Magistrate Judge Sandra M. Snyder on 1/26/2009 VACATING 9 Findings and Recommendations and GRANTING 10 Motion for extension of time. (Amended Petition due by 3/2/2009). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

SERGIO SANCHEZ,

) ) Petitioner, ) ) ) v. ) ) ) M. S. EVANS, ) ) Respondent. ) ____________________________________)

1:08-CV-01460 OWW SMS HC ORDER VACATING FINDINGS AND RECOMMENDATION OF JANUARY 14, 2009, THAT HAD RECOMMENDED THE PETITION BE DISMISSED [Doc. #9] ORDER GRANTING EXTENSION OF TIME [Doc. #10]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 4, 2008, the undersigned issued an Order dismissing the petition for failure to state a claim. Petitioner was granted thirty (30) days to file an amended petition curing the defects in his original petition. Over thirty (30) days passed, and the Court did not receive a response from Petitioner. Therefore, the Court issued a Findings and Recommendation which recommended the petition be dismissed for failure to comply with a court order. On January 12, 2009, Petitioner filed a motion for extension of time. Petitioner states he did not receive the Court's Order until January 7, 2009, and he promptly filed a motion for an extension at that time. He states he has not had full access to the law library and requires additional time. 1

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Accordingly, good cause having been presented and good cause appearing therefor, the Court hereby VACATES the Findings and Recommendation of January 14, 2009. Petitioner is GRANTED thirty (30) days from the date of service of this order to file an amended petition in compliance with the Order of December 4, 2008. IT IS SO ORDERED. Dated: icido3 January 26, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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