Tucker v. Warden

Filing 34

ORDER signed by Magistrate Judge Kendall J. Newman on 6/5/2019 GRANTING 33 Motion for Extension of Time. Petitioner to have up to and including 7/15/2019 in which to file an opposition to 32 Motion to Dismiss. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ALLEN TUCKER, 12 13 14 No. 2:18-cv-0035 TLN KJN P Petitioner, v. ORDER GESTELO, Warden, 15 Respondent. 16 17 On May 28, 2018, petitioner filed a request for extension of time to file a traverse. 18 However, respondent filed a motion to dismiss on May 3, 2019. Therefore, petitioner’s request is 19 construed as a request for an extension of time to file an opposition to respondent’s pending 20 motion. Good cause appearing, IT IS HEREBY ORDERED that: 21 1. Petitioner’s request for an extension of time (ECF No. 33) is granted; and 22 2. Petitioner shall have up to and including July 15, 2019 in which to file an opposition to 23 respondent’s motion to dismiss. Petitioner is cautioned that failure to timely file an opposition to 24 the motion may result in an order granting the motion or in the dismissal of this action. 25 Dated: June 5, 2019 26 27 /tuck0035.111(2) 28

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