Fleurissaint v. Rios

Filing 17

ORDER Of The Court GRANTING Sua Sponte a Final Extension of Time to File Objections to 12 FINDINGS and RECOMMENDATIONS, signed by Magistrate Judge Sheila K. Oberto on 10/18/2010. (Objections to F&R due by 11/22/2010) (Marrujo, C)

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(HC) Fleurissaint v. Rios Doc. 17 1 2 3 4 5 6 7 8 9 10 WINDZER FLEURISSAINT, 11 Petitioner, 12 13 14 15 16 17 Petitioner is a federal prisoner proceeding with a petition 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. 19 The Court has previously granted Petitioner's request for an 20 extension of time to file objections to findings and 21 recommendations to dismiss the petition.1 22 recommendations were filed on June 28, 2010, and were served on 23 Petitioner. 24 the filing of the findings and recommendations. 25 a notice of change of address on September 23, 2010, indicating 26 27 28 Although Petitioner styled his request as one to respond to Defendant's m o t i o n to dismiss, the Respondent has not filed a motion to dismiss; rather, t h e findings and recommendations were filed by the Court. 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA v. H. A. RIOS, JR., Warden, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv--00572-OWW-SKO-HC ORDER OF THE COURT GRANTING SUA SPONTE A FINAL EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS TO DISMISS THE PETITION (Doc. 13) DEADLINE FOR OBJECTIONS: THIRTY (30) DAYS AFTER THE DATE OF SERVICE OF THIS ORDER The findings and It appears that Petitioner was relocated twice after Petitioner filed 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that he is now housed in the United States Penitentiary at Florence, Colorado. On October 8, 2010, the Court received a memorandum from a counselor informing the Court that Petitioner had been without his legal property until September 16, 2010, when he received his legal property. Because of these circumstances, the Court on its own motion GRANTS to Petitioner a final extension of time to file objections to the findings and recommendations filed on June 28, 2010. Petitioner MAY FILE no later than thirty days after the date of service of this order objections to the findings and recommendations. Respondent may file a reply to the objections no later than fourteen days after the date any objections are filed by Petitioner. IT IS SO ORDERED. Dated: ie14hj October 18, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 2

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