Rianto v. United States of America

Filing 25

ORDER Granting 22 Motion for Extension to File Status Report signed by District Judge Dale A. Drozd on 09/28/2017. Status Conference set for 11/27/2017 at 02:15 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Status Report due 11/17/2017.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS LEVI RIANTO 12 Plaintiff, 13 14 No. 1:12-cv-00516-DAD-SKO v. UNITED STATES OF AMERICA 15 Defendants. ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE STATUS REPORT (Doc. No. 22.) 16 17 18 I. BACKGROUND Nicholas Levi Rianto (“petitioner”) is a native and citizen of Indonesia who was a 19 permanent alien resident of the United States. On June 4, 2001, pursuant to a plea agreement, 20 petitioner entered guilty pleas to two counts of unauthorized use of the identification of another in 21 violation of 18 U.S.C. § 1028(a)(7) and two counts of mail fraud in violation of 18 U.S.C. § 1341. 22 (See United States v. Rianto, Case No. 1:01-cr-05063-AWI, Doc. Nos. 11, 12.) On September 9, 23 2002, petitioner was sentenced to a concurrent term of imprisonment of twelve months and a day, 24 a three year concurrent term of supervised release to follow, a $400 mandatory penalty 25 assessment, and was ordered to pay restitution in the amount of $10,555.37. (See Doc. No. 3 at 2; 26 see also United States v. Rianto, No. 1:01-cr-05063-AWI, Doc. Nos. 31, 32.) On October 14, 27 2010, petitioner was detained for deportation from the United States. On April 4, 2012, petitioner 28 1 1 filed a writ of coram nobis motion, alleging that he had received ineffective assistance of counsel 2 in the underlying federal criminal prosecution. (Doc. No. 1.) On August 4, 2017, this court 3 issued an order denying respondent’s motion to dismiss. (Doc. No. 21.) Additionally, the order 4 set this action for a status conference on October 3, 2017 and directed the parties to file status 5 reports with the court by September 19, 2017. (Id.) 6 II. PETITIONER’S MOTION FOR EXTENSION OF TIME TO FILE STATUS REPORT 7 This matter is now before the court on petitioner’s motion for a 45 day extension of time 8 to file his status report regarding his pending petition for writ of coram nobis. On September 15, 9 2017, four days prior to the deadline for filing his status report, petitioner filed a motion 10 requesting an extension of time to November 10, 2017 to do so. (Doc. No. 22.) Petitioner states 11 he is currently in Indonesia and needs the additional time to gather information and seek legal 12 advice prior to filing a status report. (Id.) Respondent does not oppose petitioner’s request for an 13 extension of time. (Doc. No. 23.) The court will grant the requested extension of time. 14 III. PETITIONER’S ADDRESS IN INDONESIA 15 Petitioner states that he needs an extension of time, in part, because he does not have the 16 legal documents related to this case and needs his family to collect and send such documents to 17 him in Indonesia. (Doc. No. 22 at 1.) Currently, petitioner’s address of record with the court is: 18 1989 Megan Avenue, Clovis, CA 93611. Respondent requests the petitioner’s mailing address in 19 Indonesia so that documents do not need to be forwarded through the petitioner’s family. (Doc. 20 No. 23 at 2.) Respondent’s request will be granted. 21 22 23 CONCLUSION Accordingly: 1. The status conference in this action is now continued to on November 27, 2017 at 2:15 24 p.m. before the undersigned. Petitioner’s motion for extension in time to file a status 25 report (Doc. No. 22) is granted, and both parties shall file status reports in writing with the 26 court no later than November 17, 2017, proposing a schedule for the filing of a motion for 27 evidentiary hearing or expansion of the record and merits briefing in this action, as well as 28 any other matters deemed relevant to the expeditious resolution of the pending petition for 2 1 writ of coram nobis. Petitioner is cautioned that any failure on his part to file a status 2 report no later than November 17, 2017, as required by this order, will result in a dismissal 3 of this action due to his failure to prosecute this action and failure to abide by the court’s 4 order; and 5 6 7 8 2. Petitioner shall file a notice of change of address advising the court of his actual mailing address in Indonesia which will become his address of record for service of documents. IT IS SO ORDERED. Dated: September 28, 2017 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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