Patterson v. Small

Filing 19

ORDER GRANTING 18 PETITIONER'S REQUEST FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL AND CERTIFICATE OF APPEALABILITY. Signed by Judge Maxine M. Chesney on October 21, 2010. (mmcsec, COURT STAFF) (Filed on 10/21/2010)

Patterson v. Small

Doc. 19

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 On December 2, 2008, petitioner, a California prisoner proceeding pro se, filed the IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Petitioner, ) ) v. ) LARRY SMALL, Warden, ) ) ) Respondent. ________________________ ) NORMAN PATTERSON, No. C 08-5423 MMC (PR) ORDER GRANTING PETITIONER'S REQUEST FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL AND CERTIFICATE OF APPEALABILITY (Docket No. 18)

United States District Court

19 above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 6, 20 2010, the Court's orders granting respondent's motion to dismiss the petition as untimely and 21 entering judgment in favor of respondent were filed. The Clerk mailed a copy of the orders 22 to petitioner that same date. 23 On September 2, 2010, petitioner sent to the Court a letter seeking an extension of 24 time to file a request for a certificate of appealability ("COA"), on the grounds he did not 25 receive the Court's order and judgment until August 13, 2010, did not get access to the law 26 library until August 27, 2010, and is in need of help from resources outside the prison to 27 prepare his COA request. The Court construes the above-referenced letter as a request for an 28

For the Northern District of California

Dockets.Justia.com

1 extension of time to file a notice of appeal. Cf. Tinsley v. Borg, 895 F.2d 520, 523 (9th Cir. 2 1990) (treating timely pro se motion for certificate of appealability as timely notice of 3 appeal). 4 Federal Rule of Appellate Procedure 4(a) is the exclusive avenue for relief from the 5 expiration of the period to file a timely notice of appeal. See In re Stein, 197 F.3d 421, 4266 27 (9th Cir. 2000). Rule 4(a)(5) allows for an extension of time to appeal if the party 7 requests such relief within thirty days of the expiration of the time to file the notice and 8 shows excusable neglect or good cause. See Fed. R. App. P. 4(a)(5). The extension must be 9 to a date no more than thirty days after the original deadline, or fourteen days after the entry 10 of the order granting the motion, whichever is later. See id 11 GOOD CAUSE APPEARING, petitioner's motion for an extension of time to file a 12 notice of appeal and COA is hereby GRANTED. Petitioner shall file the notice of appeal 13 and COA within fourteen days of the date this order is filed. 14 15 This order terminates Docket No. 18
IT IS SO ORDERED.

16 DATED: October 21, 2010 17 18 19 20 21 22 23 24 25 26 27 28

____________________________ MAXINE M. CHESNEY United States District Judge

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