Jackson v. Warden of CSP-Solano

Filing 51

ORDER signed by Magistrate Judge Deborah Barnes on 4/9/2018 GRANTING 50 Motion for Extension of Time. Respondent may have until 6/7/2018 to file his answer to the application for writ of habeas corpus. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RACARDO JACKSON,

No. 2:14-cv-2268 MCE DB P

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Petitioner, ORDER
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v.
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MARTIN BITER, WARDEN,

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Respondent.

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Good cause appearing, Respondent’s motion for an extension of time (ECF No. 50) is

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granted. It is hereby ordered that Respondent may have until June 7, 2018, to file his answer the

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application for writ of habeas corpus. If Petitioner wishes to respond to the answer, he shall do so

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by filing a traverse with the Court and serving it on Respondent’s counsel within thirty (30) days

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of the date the answer is filed.

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Respondent may file a motion to dismiss on procedural grounds in lieu of an answer, as set

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forth in the Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. If

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Respondent files such a motion, Petitioner shall file with the Court and serve on Respondent an

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opposition or statement of non-opposition within thirty (30) days of the date the motion is filed,

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and Respondent shall file with the Court and serve on Petitioner a reply within fifteen (15) days

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of the date any opposition is filed.

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Respondent has advised the Court that Petitioner is currently in custody at the California

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State Prison in Corcoran, California, the Warden for which is Martin Biter. Accordingly, the

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Clerk shall amend Respondent’s designation in the caption for this case to reflect Petitioner’s

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current custodian, Martin Biter, Warden.

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IT IS SO ORDERED.

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DATED: April 9, 2018

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DB/orders/prisoner-habeas/Jack2268.answ eot