Martinez v. Director of CDCR

Filing 54

ORDER signed by Magistrate Judge Dale A. Drozd on 2/6/2014 DENYING respondent's 51 motion for relief from default, as unnecessary. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
DEREK MARTINEZ,

Case No. 2:12-cv-02273-WBS-DAD

12
Petitioner, ORDER
13
v.
14
15

DIRECTOR OF CDCR,

16

Respondent.

17
18

On February 3, 2014, counsel for respondent filed a motion for a one-day extension of time

19

to file an answer in this habeas action. On February 4, 2014, the court granted counsel’s request.

20

On the same day, counsel filed respondent’s answer together with a motion for relief from

21

default. At the time counsel filed respondent’s answer and motion for relief from default, the

22

court’s order granting the one-day extension of time had not yet been docketed. In light of the

23

court’s order granting the one-day extension of time, which was docketed February 5, 2014, the

24

motion for relief from default is unnecessary. Accordingly, IT IS HEREBY ORDERED that

25

respondent’s motion for relief from default (Doc. No. 51) is denied as unnecessary.

26

Dated: February 6, 2014

27
28

DAD:9