Foss v. Martell

Filing 64

ORDER signed by Magistrate Judge John F. Moulds on 11/10/11 ordering that petitioner's motion to stay, which the court construes as a motion for extension of time, 61 is partially granted. Petitioner shall file a traverse, if any, on or before 12/15/11. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RAYMOND CHRISTIAN FOSS,
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Petitioner,

No. 2:09-cv-3551 JAM JFM (HC)

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vs.
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MIKE MARTELL, Warden,
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Respondent.

ORDER

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Petitioner initiated this action on December 23, 2009 pursuant to 28 U.S.C.
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§ 2254. On June 4, 2010, respondent filed an answer and, on June 14, 2010, filed an amended
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answer. Following multiple requests for extensions of time, petitioner’s traverse ultimately
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became due on October 26, 2011. On October 11, 2011, petitioner filed the instant motion to
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stay this case pending resolution of unrelated criminal charges in the state of Florida. See Doc.
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No. 61. Petitioner asserts that he will be unable to file his traverse due to his transfer to Florida
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to face criminal charges there. Respondent opposes this motion.
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Upon review, the court construes petitioner’s motion to stay as a motion for
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extension of time for 180 days. This motion will be partially granted. Petitioner is notified that
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the court will begin consideration of this case on December 15, 2011. If he intends to file a
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traverse, he shall do so on or before that date for consideration. Any traverse filed after that date

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will not be considered by the court.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s motion to stay, which

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the court construes as a motion for extension of time, is partially granted. Petitioner shall file a

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traverse, if any, on or before December 15, 2011.

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DATED: November 10, 2011.

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/014;foss3551.stay.eot

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