Ervine v. Davis

Filing 66

ORDER signed by Magistrate Judge Deborah Barnes on 1/18/24 GRANTING 65 respondent's motion for extension of time. Respondent shall file any motion to dismiss by 2/21/24. (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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DENNIS NEWTON ERVINE,

Case No. 2:15-cv-01916-DJC-DB

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Petitioner, ORDER
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v.
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RON DAVIS,

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Respondent.

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Petitioner is a condemned state prisoner proceeding through counsel under 28 U.S.C.

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§2254. Respondent seeks a 30-day extension of the deadline for filing a motion to dismiss due to

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the illness of counsel and the press of other work. Petitioner does not oppose the request.

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This court finds respondent has shown good cause for an extension of time. Accordingly,

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IT IS HEREBY ORDERED that respondent’s motion for an extension of time (ECF No. 65) is

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granted. Respondent shall file any motion to dismiss by February 21, 2024.

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Dated: January 18, 2024

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DLB:9/DB prisoner inbox/capital/ervine.mtd eot