Jackson v. Curry

Filing 16

ORDER GRANTING RESPONDENT'S REQUEST FOR NUNC PRO TUNC EXTENSION OF TIME TO FILE SUPPLEMENTAL BRIEF. Respondent's request for a nunc pro tunc extension of time to file a supplemental brief is granted. Signed by Judge Maxine M. Chesney on August 24, 2010. (mmclc2, COURT STAFF) (Filed on 8/24/2010)

Jackson v. Curry

Doc. 16

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. BEN CURRY, Warden, Respondent. / ALEX JACKSON, Petitioner, No. C 08-0923 MMC ORDER GRANTING RESPONDENT'S REQUEST FOR NUNC PRO TUNC EXTENSION OF TIME TO FILE SUPPLEMENTAL BRIEF IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

Before the Court is respondent's Request for Nunc Pro Tunc Extension of Time, filed August 5, 2010, by which respondent seeks leave to file a supplemental brief regarding the significance of Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010), with respect to the instant action. As respondent concedes, the supplemental brief is not timely under the Court's June 16, 2010 Order. Although respondent's counsel seeks to explain such delay by stating that she "did not receive a copy" and "only became aware of the Order . . . when [she] received Petitioner's responding brief" (see Declaration ¶ 4), the Court notes that all parties were served with said order by electronic filing on June 16, 2010. Nevertheless, because the Court remains interested in hearing from both parties, the Court will allow the late filing. IT IS SO ORDERED. Dated: August 24, 2010 MAXINE M. CHESNEY United States District Judge

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