Amparo v. Adams et al

Filing 14

ORDER GRANTING 13 EXTENSION OF TIME TO COMPLY WITH COURT ORDER; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on October 22, 2010. (mmcsec, COURT STAFF) (Filed on 10/22/2010)

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Amparo v. Adams et al Doc. 14 1 2 3 4 5 6 7 8 9 10 United States District Court 11 For the Northern District of California IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MARCOS AMPARO, ) ) Petitioner, ) ) v. ) ) S. McEWEN, Warden, ) ) Respondent. ) ______________________________ ) No. C 09-0801 MMC (PR) ORDER GRANTING EXTENSION OF TIME TO COMPLY WITH COURT ORDER; DIRECTIONS TO CLERK (Docket No. 13) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 24, 2009, 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. By order filed August 2, 2010, the Court denied petitioner's motion to file an amended petition, and directed petitioner, within thirty days, either to (1) inform the Court that he intends to proceed only with the claims included in the petition he filed on February 24, 2009, or (2) move for a stay of the instant petition while he returns to state court to exhaust his unexhausted claims. (Docket No. 12 at 2:16-19.) Petitioner now moves for an extension of time of forty-five days to comply with the Court's order, on the ground that his legal documents were lost by prison officials when petitioner was transferred from Corcoran State Prison to Calipatria State Prison. GOOD CAUSE appearing, petitioner's motion will be granted. Within forty-five days of the date Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 this order is filed, petitioner shall file with the court and serve on respondent his response to the Court's prior order. Further, as petitioner was instructed by the prior order, if petitioner fails to timely respond to this order by choosing one of the above-enumerated options, the Court will schedule a date for petitioner to file a traverse to respondent's answer to the petition that was filed on February 24, 2009. Additionally, in the instant motion, petitioner has notified the Court that in place of Derral G. Adams, the Warden of Corcoran State Prison originally named as respondent herein, he is substituting S. McEwen, the Acting Warden of Calipatria State Prison, where petitioner currently is incarcerated. Accordingly, the Clerk is hereby DIRECTED to modify the docket to reflect that Warden McEwen is the proper respondent. This order terminates Docket No. 13. IT IS SO ORDERED. DATED: October 22, 2010 _________________________ MAXINE M. CHESNEY United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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