Garcia v. Cate

Filing 21

ORDER by Judge Edward M. Chen Granting 16 Motion to Reopen Time to Appeal. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 8/2/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CARLOS GARCIA,

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For the Northern District of California

United States District Court

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No. C-12-1760 EMC (pr)

Petitioner,
v.

ORDER GRANTING MOTION TO
REOPEN TIME TO APPEAL

MATTHEW CATE, Director of California
Department of Corrections & Rehabilitation,

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Respondent.
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Petitioner’s motion to reopen the time to appeal is GRANTED. (Docket # 16.) Judgment

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was entered in this action on April 16, 2013; Petitioner has demonstrated that he did not receive

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notice of the entry of judgment until July 12, 2013, the day before he filed his motion to reopen the

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time to appeal; and there does not appear to be any prejudice to any party in permitting the

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reopening of the time to file an appeal. See Fed. R. App. P. 4(a)(6).

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The Clerk will process the appeal.

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IT IS SO ORDERED.

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Dated: August 2, 2013
_________________________
EDWARD M. CHEN
United States District Judge