Rogers v. Walker

Filing 35

ORDER DENYING MOTIONS TO EXTEND TIME by Judge William Alsup denying 31 Motion for Extension of Time to File; denying 34 Motion for Extension of Time to File (Attachments: # 1 Certificate/Proof of Service) (dt, COURT STAFF) (Filed on 5/1/2012)

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UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL D. ROGERS,
Petitioner,

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No. C 10-00158 RS (PR)
ORDER DENYING MOTIONS TO
EXTEND TIME;

v.
ORDER DENYING MOTION TO FILE
A SUPPLEMENTAL TRAVERSE

JAMES WALKER, Warden,
Respondent.
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This closed federal habeas corpus action was filed by a pro se state prisoner

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pursuant to 28 U.S.C. 2254. The petition was denied, a certificate of appealability (“COA”)

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was denied, and judgment was entered in favor of respondent on January 11, 2012 (Docket

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Nos. 29 & 30). Petitioner now moves for an extension of time to file a (1) request for a

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COA, (2) motion for a rehearing, (3) motion for an extension of time to file a supplemental

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traverse (Docket Nos. 31 & 34).

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Petitioner’s motion for an extension of time to file a COA is DENIED as moot, the

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order denying the petition having declined to issue a COA. Petitioner’s motion for an

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extension of time to file a motion for a rehearing, which is construed as a motion for relief

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under Federal Rule of Civil Procedure (“FRCP”) 60, is DENIED as premature, there being as

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yet no filing deadline to extend. A motion for relief under Rule 60 “must be made within a

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reasonable time — and for reasons (1), (2), and (3) no more than a year after the entry of

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judgment or order or the date of the proceeding.” FRCP 60(c). Petitioner’s motion for an

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extension of time to file a supplemental traverse is DENIED. Briefing on this petition has

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long since been completed, and not only did petitioner have an opportunity to file a traverse,

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he in fact did file one (Docket No. 28). The Clerk shall terminate Docket Nos. 31 & 34.

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IT IS SO ORDERED.
Dated: April

30

, 2012

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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