Muhammad-Bey v. Haviland

Filing 28

ORDER Granting Motion to Reopen the Time for Appeal. Signed by Judge Thelton E. Henderson on 10/15/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 10/16/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Petitioner,

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No. C-10-00667 TEH (PR)

JIHAD MUHAMMAD-BEY,

ORDER GRANTING MOTION TO REOPEN
THE TIME FOR APPEAL

v.
JOHN W. HAVILAND,

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Respondent.

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United States District Court
For the Northern District of California

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On August 6, 2012, this Court issued an Order Denying

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Petition for Writ of Habeas Corpus and a Judgment in favor of

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Respondent.

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Petitioner at the address he had listed with the Court but, on

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August 21, 2012, this mail was returned as undeliverable.

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On December 12, 2012, Petitioner sent a letter to the Court with his

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new address.

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documents to Petitioner at his new address.

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2, 2013, Petitioner filed a notice of appeal.

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See Docket ## 16, 17.

Doc. #19.

These documents were sent to

Doc. #18.

On December 20, 2012, the Court resent the
Doc. #20.

On January

Doc. #21.

On September 26, 2013, the Court received an Order from

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the Ninth Circuit Court of Appeals construing Petitioner’s notice of

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appeal as a motion to reopen the time for appeal pursuant to Federal

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Rule of Appellate Procedure 4(a)(6) and remanding the appeal to this

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Court for the limited purpose of allowing it to rule on the January

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2, 2013 motion.

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The Court finds that Petitioner’s motion to reopen meets
all of the requirements of Federal Rule of Appellate Procedure

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4(a)(6).

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to reopen the time to file an appeal.

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Good cause appearing, the Court grants Petitioner’s motion

The Clerk of the Court shall send a copy of this order to
Petitioner and to the Ninth Circuit Court of Appeals.

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IT IS SO ORDERED.

DATED

10/15/2013
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.10\Muhammad-Bey10-0667 Reopen App R 4(a)(6).wpd

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