Reid William Rogers v. F Foulk

Filing 17

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 United States District Court For the Northern District of California 10 No. C 13-3794 SI (pr) REID WILLIAM ROGERS, ORDER DENYING PERMISSION TO FILE LATE OPPOSITION OR LATE APPEAL Petitioner, v. F. FOULK, warden, 11 Respondent. / 12 13 This action was dismissed and judgment entered on March 6, 2014 because the petition 14 for writ of habeas corpus was not filed before the expiration of the habeas statute of limitations 15 period. More than four months later, petitioner sent to the court a letter requesting permission 16 to oppose respondent's motion to dismiss or to file an appeal, one or both of which he allegedly 17 was unable to do because of various problems in prison. His request is DENIED. Docket # 16. 18 With regard to the motion to dismiss, petitioner did file a traverse in which he argued that his 19 petition should not be rejected as untimely, and the court rejected his argument. See Docket # 20 14 at 2-4. With regard to an appeal, it is too late for petitioner to file an appeal or for the court 21 to grant an extension of the deadline by which to file a notice of appeal. See Fed. R. App. P. 22 4(a)(5-6). 23 24 25 26 27 28 IT IS SO ORDERED. DATED: August 18, 2014 _______________________ SUSAN ILLSTON United States District Judge

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