Douglas v. Lopez

Filing 18

ORDER DENYING MOTION TO EXTEND TIME; ORDER CONSTRUING MOTION AS A NOTICE OF APPEAL. Douglas's 17 MOTION for Extension of Time is DENIED. However, the Court construes the motion as a timely-filed Notice of Appeal (deemed as filed 11/17/2013). Signed by Judge William H. Orrick on 11/21/2013. (jmdS, COURT STAFF) (Filed on 11/21/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUNOR DOUGLAS,

Case No. 11-cv-06300-WHO (PR)

Petitioner,
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ORDER DENYING MOTION TO
EXTEND TIME;

v.
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RAUL LOPEZ,

ORDER CONSTRUING MOTION AS
A NOTICE OF APPEAL

Respondent.
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United States District Court
Northern District of California

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This is a closed federal habeas corpus action. The habeas petition was denied and

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judgment was entered in favor of respondent on October 29, 2013. Douglas has filed a

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motion for an extension of time to file objections to the Court's decision. (Docket No. 17.)

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Douglas's motion for an extension of time is DENIED. However, the Court

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construes the motion, which was filed within the period established by Fed. R. App. P.

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4(a)(1), as a timely-filed Notice of Appeal. (Though stamped as received on November

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20, 2013, for purposes of the present motion the Court assumes that Douglas put the

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motion in the prison mail the day he signed it and will use that as the filing date

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(November 17th) under the prisoner mailbox rule. See generally Houston v. Lack, 487

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U.S. 266, 276 (1988).) The Clerk of the Court shall amend the docket to reflect this

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conclusion, terminate Docket No. 17, and shall process Douglas's appeal.

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IT IS SO ORDERED.
Dated: November 21, 2013
_________________________
WILLIAM H. ORRICK
United States District Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JUNIOR DOUGLAS,

Case Number: CV11-06300 WHO

Plaintiff,

CERTIFICATE OF SERVICE

v.
RAUL LOPEZ et al,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 21, 2013, I SERVED a true and correct copy of the attached, by placing said
copy in a postage paid envelope addressed to the person hereinafter listed, by depositing said
envelope in the U.S. Mail.

Junor Douglas G-34804
3A02-206U
California State Prison - Corcoran
P.O. Box 3461
Corcoran, CA 93212-3461

Dated: November 21, 2013
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk