Ervine v. Davis

Filing 71

ORDER signed by Magistrate Judge Deborah Barnes on 03/06/2024 GRANTING 70 Motion for Extension of Time. Respondent to file any Motion to Dismiss on or before 03/20/2024. (Murphy, J)

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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 with a petition for a

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writ of habeas corpus under 28 U.S.C. §2254. Before the court is respondent’s motion for an

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extension of time to file a motion to dismiss. Respondent’s counsel states that they have been

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unable to complete the motion due to an illness. Petitioner does not oppose the request.

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Good cause appearing, IT IS HEREBY ORDERED that respondent’s motion (ECF No. 70)

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is granted. Respondent shall file any motion to dismiss on or before March 20, 2024.

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DATED: March 6, 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(3)