Robinson v. Lewis

Filing 28

ORDER granting 27 Motion for Extension of time signed by Magistrate Judge Allison Claire on 9/17/13: Petitioner may file a reply to respondent's opposition to petitioner's next friend motion within thirty days of the date of this order. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIUS M. ROBINSON,

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No. 2:13-cv-0604 WBS AC P

Petitioner,
v.

ORDER

G.W. LEWIS,
Respondent.

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Petitioner has filed a motion for an extension of time to file a “reply to opposition to

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dismiss.” See ECF No. 27. Petitioner does not explain why he needs the extension of time, but

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only states that the time currently allotted is insufficient. Upon review of the pending motion, it

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is unclear what document petitioner seeks an extension of time to file.

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Respondent moved to dismiss the pending petition on June 5, 2013. Petitioner opposed

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the motion on July 19, 2013, and respondent filed a reply on August 14, 2013. Thus, the motion

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to dismiss is fully briefed.

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On July 10, 2013, petitioner filed a motion to proceed as representative (“next friend

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motion”). ECF No. 18. Respondent opposed the motion on July 19, 2013. On August 1, 2013,

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petitioner sought and was granted an extension of time to file a reply. See ECF Nos. 22, 24.

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Petitioner has not yet filed his reply. It therefore appears that petitioner is requesting a second

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extension of time to reply to respondent’s opposition to his next friend motion, despite having
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titled his request “reply to opposition to dismiss.” The motion will be granted, however, no

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further extensions of time will be granted.

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Good cause appearing, IT IS HEREBY ORDERED that:

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Petitioner’s request for an extension of time (ECF No. 27) is granted to the extent that

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petitioner may file a reply to respondent’s opposition to petitioner’s next friend motion within

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thirty days of the date of this order. No further extensions of time will be granted.

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DATED: September 17, 2013

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AC:ls// robi0604.111

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