Ervine v. Davis

Filing 68

ORDER signed by Magistrate Judge Deborah Barnes on 02/21/2024 GRANTING 67 Motion for Extension of Time. Respondent shall file Motion to Dismiss by 3/6/2024.(Lopez, K)

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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-1916-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 state prisoner under sentence of death proceeding with a petition for a writ of

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habeas corpus under 28 U.S.C. §2254. In October, this court ordered respondent to file any

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motion to dismiss by January 22, 2024. Respondent sought an extension of time to February 21,

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2024, that request was not opposed by petitioner and this court granted it. Respondent now seeks

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a second extension of time. Respondent’s counsel states that the press of other work and a

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planned vacation have slowed progress on the motion. Respondent has shown good cause for the

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fourteen additional days requested.

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Accordingly, IT IS ORDERED that respondent’s motion for an extension of time (ECF No.

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67) is granted. Respondent’s motion to dismiss shall be filed on or before March 6, 2024.

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DATED: February 21, 2024

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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