Arbulu v. People of State of California
Filing
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ORDER GRANTING PETITIONER'S REQUEST FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL AND APPLICATION FOR CERTIFICATE OF APPEALABILITY. Signed by Judge Maxine M. Chesney on March 5, 2012. (mmcsec, COURT STAFF) (Filed on 3/5/2012) (Additional attachment(s) added on 3/5/2012: # 1 Certificate of Service) (tlS, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ITALO ARBULU,
Petitioner,
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v.
CONNIE GIPSON,
Respondent.
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No. C 07-5079 MMC (PR)
ORDER GRANTING PETITIONER’S
REQUEST FOR EXTENSION OF
TIME TO FILE NOTICE OF APPEAL
AND APPLICATION FOR
CERTIFICATE OF APPEALABILITY
(Docket No. 19)
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For the Northern District of California
United States District Court
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On October 3, 2007, petitioner, a California prisoner proceeding pro se, filed the
above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January
30, 2012, the petition was denied on its merits, and a certificate of appealability (“COA”)
was denied. On February 22, 2012, petitioner filed a request for a 90-day extension of time
in which to file a notice of appeal and application for a COA.
Federal Rule of Appellate Procedure 4(a) allows for an extension of time to appeal if
the party requests such relief within thirty days of the expiration of the time to file the notice
and shows excusable neglect or good cause. See Fed. R. App. P. 4(a)(5). The extension
must be to a date no more than thirty days after the original deadline, or fourteen days after
the entry of the order granting the motion, whichever is later. See id
GOOD CAUSE APPEARING, petitioner’s motion for an extension of time to file a
notice of appeal and application for a COA is hereby GRANTED. Petitioner shall file the
1 notice of appeal and said application no later than March 30, 2012.
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This order terminates Docket No. 19.
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IT IS SO ORDERED.
4 DATED: March 5, 2012
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____________________________
MAXINE M. CHESNEY
United States District Judge
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