(HC) Chavez v. Gamboa

Filing 16

ORDER DIRECTING Clerk of Court to Provide Petitioner a Copy of Respondent's Motion to Dismiss; ORDER GRANTING Extension of Time to File Opposition to Motion; Thirty (30) Day Deadline signed by Magistrate Judge Sheila K. Oberto on 10/12/2022. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ULISES CHAVEZ,

12
13

No. 1:22-cv-00920-JLT-SKO (HC)

Petitioner,

ORDER DIRECTING CLERK OF COURT
TO PROVIDE PETITIONER A COPY OF
RESPONDENT’S MOTION TO DISMISS

v.

14
15

ORDER GRANTING EXTENSION OF
TIME TO FILE OPPOSITION TO
MOTION

MARTIN GAMBOA, Warden,
Respondent.

16

[30-DAY DEADLINE]

17
18

Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for

19

writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 7, 2022, Petitioner filed the instant

20

habeas petition. (Doc. 1.) On July 28, 2022, the Court issued an order directing Respondent to

21

file a response to the petition. (Doc. 9.) Respondent filed a motion to dismiss the petition on

22

September 26, 2022. (Doc. 11.) On October 11, 2022, Petitioner filed a notice stating he had not

23

received Respondent’s motion. (Doc. 15.) He also requests an extension of time to file an

24

opposition to the motion. In the interest of judicial economy, the Court will direct the Clerk of

25

Court to provide Petitioner a copy of the motion.
ORDER

26
27

Accordingly, the Court HEREBY ORDERS:

28

1)

The Clerk of Court is DIRECTED to provide Petitioner with a copy of
1

1

Respondent’s motion to dismiss (Doc. 11.); and

2
3

2)

Petitioner is GRANTED thirty (30) days from the date of service of this Order to

file an opposition to the motion.

4
5
6
7

IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

October 12, 2022

.

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2