Barker v. Arnold

Filing 10

ORDER GRANTING EXTENSION OF TIME Re: Dkt. No. 8 . Signed by Magistrate Judge Jacqueline Scott Corley on 4/22/2016. (ahm, COURT STAFF) (Filed on 4/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TREMAIN BARKER,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-04478-JSC

ORDER GRANTING EXTENSION
OF TIME

v.
ERIC ARNOLD,

Re: Dkt. No. 8

Defendant.
Petitioner, a California prisoner proceeding pro se, filed this habeas petition under 28

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U.S.C. § 2254. Respondent filed a motion to dismiss the petition (ECF No. 7) on the grounds that

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it is a second or successive federal habeas petition unauthorized by the United States Court of

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Appeals. See 28 U.S.C. § 2244(b). Petitioner has not filed an opposition, but it is clear from his

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recent motion for default (ECF No. 8) --- properly declined by the Clerk --- that Petitioner has not

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received the motion to dismiss. Accordingly, on or before April 27, 2016, Respondent shall serve

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the motion to dismiss on Petitioner again and file a proof of such service with the Court. The

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deadline for Petitioner to file an opposition is extended to and including May 25, 2016.

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Respondent shall file a reply brief within 14 days of the date any opposition is filed.

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IT IS SO ORDERED.
Dated: April 22, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TREMAIN BARKER,

Case No. 15-cv-04478-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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ERIC ARNOLD,
Defendant.

United States District Court
Northern District of California

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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 April 22, 2016, 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.

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Tremain Barker ID: Prisoner Id K-61525
California State Prison - Solano
P.O. Box 4000
Vacaville, CA 95696

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Dated: April 22, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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