Polk v. Cate et al

Filing 138

Order by Hon. Vince Chhabria granting in part and denying in part 132 Motion for Extension of Time to File Opposition to Defendants' Motion to Dismiss.(knm, COURT STAFF) (Filed on 10/6/2014)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 SUSAN MAE POLK, Case No. 12-cv-05986-VC Petitioner, 6 v. 7 8 KIMBERLY HUGHES, Respondent. ORDER GRANTING, IN PART, PLAINTIFF'S SECOND MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION Re: Dkt. No. 132 9 10 United States District Court Northern District of California 11 Petitioner Susan Mae Polk, a state prisoner incarcerated at the California Institute for 12 Women, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 asserting 13 numerous claims for relief. On July 25, 2014, Respondent Kimberly Hughes filed a renewed 14 motion to dismiss the petition as untimely and procedurally defaulted. Polk’s opposition was due 15 on September 30, 2014. She now requests an extension of time to November 30, 2014. 16 In its June 26, 2014 order granting Polk’s first motion for an extension of time, the Court 17 indicated that it would not consider further requests for extensions. However, because Polk must 18 address ninety-one claims in her opposition, the Court will make an exception and grant, in part, 19 Polk’s second motion for an extension of time. This is the last such motion the Court will 20 consider. 21 22 Polk’s opposition to the renewed motion to dismiss is now due thirty days from the date of this Order. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 6, 2014 ______________________________________ VINCE CHHABRIA United States District Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SUSAN MAE POLK, Case No. 12-cv-05986-VC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 MATTHEW CATE, et al., Defendants. United States District Court Northern District of California 11 12 13 14 15 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 10/6/2014, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Susan Mae Polk ID: X23159 CA Institute for Women CIW/SHU/150 PO Box 8100 Corona, CA 92878-8100 19 20 21 Dated: 10/6/2014 22 23 Richard W. Wieking Clerk, United States District Court 24 25 26 27 By:________________________ Kristen Melen, Deputy Clerk to the Honorable VINCE CHHABRIA 28 2

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