Parvin v. Cate

Filing 16

ORDER signed by Magistrate Judge John F. Moulds on 12/8/09 ORDERING petitioner's 15 motion to strike is DENIED; respondent's 14 motion for an extension of time is GRANTED; and respondent's reply brief to be filed and served on or before 12/24/2009. (Yin, K)

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

9 JOHN ALAN PARVIN, 10 11 vs. Petitioner, No. 2:09-cv-2198-JFM (HC)

12 MATTHEW CATE, 13 14 15 Respondent. / Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas ORDER

16 corpus pursuant to 28 U.S.C. § 2254. This matter is proceeding before a United States Magistrate 17 Judge with the consent of the parties pursuant to 28 U.S.C. § 636(c). 18 On November 23, 2009, respondent filed a motion for a thirty day extension of

19 time to file and serve a reply brief in support of their motion to dismiss. On December 2, 2009, 20 petitioner filed a motion to strike respondent's motion for extension of time as untimely. 21 Petitioner's contention that the motion for extension of time is untimely is without merit. See 22 Fed. R. Civ. P. 6. 23 24 25 26 and 1 Good cause appearing, IT IS HEREBY ORDERED that: 1. Petitioner's December 2, 2009 motion to strike is denied; 2. Respondent's November 23, 2009 motion for an extension of time is granted;

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3. Respondent's reply brief shall be filed and served on or before December 24,

2 2009. No further extensions will be granted. 3 DATED: December 8, 2009. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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