Sunday v. Sisto

Filing 10

ORDER. Signed by Judge ARMSTRONG on 11/3/08. (lrc, COURT STAFF) (Filed on 11/4/2008)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:\PRO-SE\SBA\HC.07\Sunday5308.2ndEOT-OPP2MTD.wpd Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus. The Court directed Respondent to file an answer to the petition and granted Petitioner leave to file a traverse within thirty days after the answer was filed. In lieu of filing an answer, Respondent has filed a motion to dismiss. Petitioner has not filed an opposition to the motion to dismiss. On October 16, 2008, the Court granted Petitioner an extension of time to file an opposition. Before the Court is Petitioner's second request for an extension of time to file an opposition to Respondent's motion to dismiss. Accordingly, the Court GRANTS Petitioner a second extension of time in which to file his opposition to Respondent's motion to dismiss. The time in which Petitioner may file his opposition to Respondent's motion to dismiss will be extended up to and including sixty (60) days from the date of this Order. Respondent shall file a reply brief no later than fifteen (15) days after the date Petitioner's opposition is filed. IT IS SO ORDERED. DATED: 11/3/08 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE v. D. K. SISTO, Warden, Respondent. / ROMAN SUNDAY, Petitioner, No. C 07-05308 SBA (PR) ORDER GRANTING SECOND EXTENSION OF TIME FOR PETITIONER TO FILE OPPOSITION TO MOTION TO DISMISS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROMAN SUNDAY, Plaintiff, v. D.K. SISTO et al, Defendant. / Case Number: CV07-05308 SBA CERTIFICATE OF SERVICE 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 November 4, 2008, 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. Roman Sunday California State Prison - Solano V-11338 P.O. Box 4000 Vacaville, CA 95696-4000 Dated: November 4, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 2 P:\PRO-SE\SBA\HC.07\Sunday5308.2ndEOT-OPP2MTD.wpd

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