Cook v. Kernan et al

Filing 23

ORDER GRANTING IN PART AND DENYING IN PART 22 RESPONDENTS MOTION FOR ENLARGEMENT OF TIME.(whalc2, COURT STAFF) (Filed on 7/22/2016)

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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,
No. C 15-06343 WHA
Plaintiff,

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For the Northern District of California

United States District Court

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v.
ORDER GRANTING IN PART
AND DENYING IN PART
RESPONDENT’S MOTION FOR
ENLARGEMENT OF TIME

SCOTT KERNAN,
Defendant.
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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. Respondent later asked for an extension to

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file its reply in support of its motion to dismiss. A brief extension was granted. On June 20,

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2016, respondent withdrew the motion to dismiss and asked the court for 60 days to file an

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answer to the petition. An order granted an extension to file an answer until July 25, 2016.

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Respondent now seeks an additional extension until August 4, 2016, to file an answer.

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Respondent’s reason is a “pre-planned, pre-paid two-week vacation” by counsel. Respondent

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shall have until AUGUST 1, 2016, to file an answer. No further extensions shall be granted.

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If the petitioner wishes to respond to the answer, he must do so by filing a traverse with
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: July 22, 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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