Lara v. Yates

Filing 35

ORDER by Judge Marilyn Hall Patel denying 32 Motion for Default Judgment; granting in part 34 Motion for Extension of Time to 7/24/2009 to File traverse (Attachments: # 1 CertServ) (awb, COURT STAFF) (Filed on 5/13/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN JOE LARA, Petitioner, v. JAMES A. YATES, warden, Respondent. / No. C 06-3138 MHP (pr) ORDER Petitioner's motion for default judgment is DENIED. (Docket # 32.) Respondent is not and was not in default when the motion was filed. Petitioner sent another document (docket # 33) in which he asked two questions in need of answers. First, he asked whether he needs to change the name of the respondent because he has been moved to a new prison. The answer is that he does not need to do so. Second, he asked whether he has a new deadline is in light of the extension of time granted to respondent. The answer is that his deadline is extended by a like amount as the respondent obtained. Petitioner must file and serve his traverse no later than July 24, 2009. (The court notes with dismay that respondents in habeas actions repeatedly submit proposed orders for extensions of time that provide new deadlines for them but not for petitioners, which creates needless confusion for unrepresented petitioners.) IT IS SO ORDERED. DATED: May12, 2009 Marilyn Hall Patel United States District Judge

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