Ngo v. Seibel

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 12/20/2017 DENYING as moot petitioner's 11 motion for an extension of time to file objections and WITHDRAWING the 11/29/2017 findings and recommendations 10 . Petitioner has 30 days to file a response to the 9/5/2017 order to show cause.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KY NGO,

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Petitioner,

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No. 2:17-cv-1815 MCE AC P

v.

ORDER

K. SEIBEL,

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Respondent.

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November 29, 2017, the undersigned

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filed findings and recommendations that recommended that the case be dismissed for failure to

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prosecute after petitioner failed to respond to the September 5, 2017 order to show cause. ECF

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No. 10. Petitioner has now filed a motion for an extension of his time to object to the findings

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and recommendations. ECF No. 11. In his motion, petitioner states that he submitted a response

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to the order to show cause, which he believed the court was in possession of, and requests an

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additional thirty days to re-write and submit the response in the form of objections. Id. Although

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the court has not received petitioner’s response to the order to show cause, the November 29,

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2017 findings and recommendations will be withdrawn in light of petitioner’s representation that

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he did submit one. Petitioner will have thirty days to re-submit his response to the order to show

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cause.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for an extension of time to file objections (ECF No. 11) is denied

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as moot.

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2. The November 29, 2017 findings and recommendations (ECF No. 10) are withdrawn.

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3. Petitioner shall have thirty days from the service of this order to file a response to the

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September 5, 2017 order to show cause.

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DATED: December 20, 2017

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