Starr v. State of California et al
Filing
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ORDER denying 47 Petitioner's Motion for Extension of Time signed by Magistrate Judge Kendall J. Newman on 12/12/12. (Kastilahn, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBIN GILLEN STARR,
Petitioner,
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No. 2:12-cv-0083 KJN P
vs.
STATE OF CALIFORNIA, et al.,
Respondents.
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ORDER
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Petitioner has filed a motion for extension of time to file and serve a “traverse” in
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this action. However, there is no authority for filing a traverse at this time. A petitioner may file
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a traverse only if the respondent filed an answer to the petition. See Rule 5, Federal Rules
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Governing Section 2254 Cases. In the present case, respondent filed a motion to dismiss
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petitioner’s habeas petition (Dkt. No. 43), and petitioner timely filed an opposition (Dkt. No. 46).
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The only briefing that remains is respondent’s optional reply brief. See Local Rule 230(l).
Accordingly, IT IS HEREBY ORDERED that petitioner’s motion for an
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extension of time (Dkt. No. 47), is denied.
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DATED: December 12, 2012
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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star0083.eot.wpd
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