Sanchez v. Hedgpeth

Filing 34

ORDER granting 33 Motion for extension of time to file Notice of Appeal signed by Magistrate Judge Michael J. Seng on 12/9/2013. (Filing Deadline: 12/26/2013).(Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:11-cv-01043 LJO-MJS HC
JAMES MARTIN SANCHEZ,

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ORDER GRANTING REQUEST FOR
Petitioner, EXTENSION OF TIME TO FILE NOTICE OF
APPEAL

v.

(Doc. 33)

ANTHONY HEDGEPETH, Warden,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
On November 26, 2013 Petitioner filed a motion for extension of time to file a

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notice of appeal to the Ninth Circuit Court of Appeals. (Mot., ECF No. 33.) Pursuant

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Rule 4(a)(5)(A) of the Rules of Appellate Procedure, the Court may extend the time to

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file a notice of appeal if the party moves no later than thirty (30) days after the expiration

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of the thirty (30) days provided in Rule 4(a)(1) for filing said notice. Petitioner’s motion

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was not timely filed within sixty (60) days of the date judgment was entered. Petitioner

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motion was filed 61 days after the judgment. However, under Rule 4(a)(5)(A)(ii)

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Petitioner may obtain an extension of time regardless of whether its motion is filed after

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the time prescribed by this Rule 4(a) expires if Petitioner shows excusable neglect or

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good cause. Here, Petitioner has shown good cause because Petitioner's counsel did
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to

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not provide Petitioner notice of the September 25, 2013 judgment until after November

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16, 2013. Petitioner submitted this request within ten days of being provided notice of

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the judgment. Accordingly, Petitioner has shown excusable neglect as required under

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Rule 4(a)(5)(A)(ii) in filing the notice of appeal.

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Accordingly, Petitioner's motion for an extension of time to file a notice of appeal

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is GRANTED. See Rule 4(a)(5)(A)(ii) of the Federal Rules of Appellate Procedure.

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Petitioner is granted fourteen (14) days from the date of issuance of this order to file a

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notice of appeal. See Rule 4(a)(5)(C).

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IT IS SO ORDERED.

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Dated:

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December 9, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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Michael J. Seng

ci4d6

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