Reid William Rogers v. F Foulk
Filing
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ORDER DENYING PERMISSION TO FILE LATE OPPOSITION OR LATE APPEAL (Illston, Susan) (Filed on 8/18/2014) (Additional attachment(s) added on 8/18/2014: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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No. C 13-3794 SI (pr)
REID WILLIAM ROGERS,
ORDER DENYING PERMISSION TO
FILE LATE OPPOSITION OR LATE
APPEAL
Petitioner,
v.
F. FOULK, warden,
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Respondent.
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This action was dismissed and judgment entered on March 6, 2014 because the petition
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for writ of habeas corpus was not filed before the expiration of the habeas statute of limitations
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period. More than four months later, petitioner sent to the court a letter requesting permission
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to oppose respondent's motion to dismiss or to file an appeal, one or both of which he allegedly
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was unable to do because of various problems in prison. His request is DENIED. Docket # 16.
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With regard to the motion to dismiss, petitioner did file a traverse in which he argued that his
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petition should not be rejected as untimely, and the court rejected his argument. See Docket #
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14 at 2-4. With regard to an appeal, it is too late for petitioner to file an appeal or for the court
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to grant an extension of the deadline by which to file a notice of appeal. See Fed. R. App. P.
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4(a)(5-6).
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IT IS SO ORDERED.
DATED: August 18, 2014
_______________________
SUSAN ILLSTON
United States District Judge
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