Smart v. Hedgpeth et al

Filing 35

ORDER signed by Magistrate Judge Craig M. Kellison on 01/20/09 ordering petitioner's motion for an extension of time 34 is granted. The parties may file objections to the 01/12/09 findings and recommendations by 02/23/09. The findings and recommendations issued on 01/05/09 are vacated. (Plummer, M)

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 The findings and recommendations issued on January 5, 2009, are identical except for missing text on page 10, line 8. The January 5, 2009, findings and recommendations will be vacated. 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JARVELL DEANDRE SMART, Petitioner, vs. ANTHONY HEDGPETH, et al., Respondents. /

No. CIV S-08-0739-WBS-CMK-P

ORDER

Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's motion for an extension of time (Doc. 34) to file objections to the court's January 12, 2009, findings and recommendations.1 Good cause appearing therefore, the motion will be granted. The parties may file objections by February 23, 2009. /// ///

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Accordingly, IT IS HEREBY ORDERED that: 1. 2. Petitioner's motion for an extension of time (Doc. 34) is granted; The parties may file objections to the January 12, 2009, findings and

recommendations by February 23, 2009; and 3. The findings and recommendations issued on January 5, 2009, are vacated.

DATED: January 20, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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