Barnes v. Lizarraga

Filing 16

ORDER GRANTING MOTION TO REOPEN TIME TO FILE AN APPEAL re 15 USCA Order. Signed by Judge William Alsup on 6/20/16. (Attachments: # 1 Certificate/Proof of Service)(dl, COURT STAFF) (Filed on 6/20/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEVIN JEROME BARNES,

No. C 15-4199 WHA (PR)

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Petitioner,

ORDER GRANTING MOTION TO
REOPEN TIME TO FILE AN
APPEAL

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v.
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Respondent.
For the Northern District of California

United States District Court

JOE LIZARRAGA,
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This is a habeas case brought pro se by a state prisoner under 28 U.S.C. 2254
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challenging his sentence in state court. The petition was dismissed. The United States Court of
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Appeals has construed his notice of appeal and his response to that court’s order to show cause
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as a motion to reopen the time for filing an appeal pursuant to Rule 4(a)(6) of the Federal Rules
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of Appellate Procedure, and has remanded the case for the limited purpose of deciding the
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motion to reopen. Good cause appearing — in particular the delay in petitioner’s receiving the
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notice of entry of judgment — the motion to reopen the time for filing an appeal is GRANTED.
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The clerk shall send a copy of this order to the Court of Appeals.
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IT IS SO ORDERED.
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Dated: June

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, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE