Cook v. Kernan et al
Filing
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ORDER RE REQUEST FOR EXTENSION. Signed by Judge Alsup on 6/30/2016. (whalc2, COURT STAFF) (Filed on 6/30/2016)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WALTER JOSEPH COOK,III,
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For the Northern District of California
United States District Court
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No. C 15-06343 WHA
Plaintiff,
v.
ORDER RE REQUEST FOR
EXTENSION
SCOTT KERNAN,
Defendant.
/
In this habeas action, a previous order, issued by Magistrate Judge Laurel Beeler,
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ordered respondent Scott Kernant to respond to the instant habeas petition by April 4, 2016
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(Dkt. No. 8). The case was subsequently reassigned to the undersigned judge and the
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reassignment order stated that all briefing schedules and other deadlines remained unchanged
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(Dkt. No. 12). Respondent failed to respond by the deadline and was subsequently ordered to
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show cause why no response to the habeas petition had been filed. On May 20, 2016,
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respondent explained that the failure to respond had been due to an oversight. That same day,
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respondent filed a motion to dismiss the petition. On June 20, 2016, respondent withdrew the
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motion to dismiss and asked the court for 60 days to file an answer to the petition.
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A further delay of 60 days is not justified. By JULY 25, 2016, respondent shall file with
the court and serve on petitioner an answer showing cause why a habeas corpus should not be
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issued. If the petitioner wishes to respond to the answer, he must do so by filing a traverse with
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the court and serving it on respondent within 30 days of his receipt of the answer.
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IT IS SO ORDERED.
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Dated: June 30, 2016.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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