Albers v. Evans

Filing 11

ORDER EXTENDING DEADLINE FOR PETITIONER'S OPPOSITION TO MOTION TO DISMISS; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on May 19, 2011. (mmcsec, COURT STAFF) (Filed on 5/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ALFRED D. ALBERS,

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Petitioner.
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v.
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WARDEN M.S. EVANS,
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Respondent.
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______________________________ )

No. C 09-2647 MMC (PR)
ORDER EXTENDING DEADLINE
FOR PETITIONER’S OPPOSITION
TO MOTION TO DISMISS;
DIRECTIONS TO CLERK

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On June 14, 2009, petitioner, a California prisoner then incarcerated at Salinas Valley

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State Prison and proceeding pro se, filed the above-titled petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254.1 The Court, by order filed October 21, 2010, directed

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respondent to file an answer showing cause why a writ of habeas corpus should not be
granted, or, in the alternative, a motion to dismiss the petition on procedural grounds; by said
order, petitioner was informed that his opposition, or statement of non-opposition, to
respondent’s motion had to be filed no later than thirty days from the filing date of the
motion.
On November 16, 2010, respondent filed a motion to dismiss the petition as untimely.
Although more than thirty days have passed from the date the motion to dismiss was filed,

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Plaintiff currently is incarcerated at the Correctional Training Facility, Soledad,
California.

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petitioner has not filed a response thereto.
The Court notes, however, that petitioner filed a notice of change of address dated

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November 17, 2010, one day after respondent filed the motion to dismiss, and it appears from

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respondent’s declaration of service that the motion to dismiss was served on petitioner at his

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previous address of record.

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Accordingly:

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1. The Clerk is hereby DIRECTED to mail a copy of respondent’s motion to dismiss

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(Docket No. 8) along with a copy of this order to petitioner at his most recent address of

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record at the Correctional Training Facility, Soledad, California.

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For the Northern District of California

United States District Court

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2. The date by which petitioner must file opposition or a statement of non-opposition
to respondent’s motion to dismiss is hereby EXTENDED to June 20, 2011.
3. If petitioner files an opposition, respondent, no later than July 6, 2011 shall file a
reply thereto.
IT IS SO ORDERED.
DATED: May 19, 2011

_________________________
MAXINE M. CHESNEY
United States District Judge

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