Sunday v. Sisto

Filing 36

ORDER by Judge ARMSTRONG granting in part and denying in part 35 Motion FOR STATUS REPORT (lrc, COURT STAFF) (Filed on 12/13/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 No. C 07-05308 SBA (PR) ROMAN SUNDAY, ORDER GRANTING IN PART MOTION FOR STATUS REPORT Petitioner, v. Docket no. 35 D. K. SISTO, Warden, 15 Respondent. / 16 17 Before the Court is Petitioner’s motion for a status report regarding his opposition that was 18 sent to the Ninth Circuit Court of Appeals. (Dkt. 35). This motion is granted, in part. The Court 19 will summarize Petitioner’s case in this Court, but cannot provide the status of his case in the Ninth 20 Circuit. 21 With regard to Petitioner’s case in the district court, on May 12, 2008, the Court issued an 22 Order to Show Cause why the petition should not be granted, (Dkt. 4), and, on September 9, 2008, 23 Respondent filed a motion to dismiss based on untimeliness, (Dkt. 6). After numerous extensions of 24 time, on August 25, 2009, Petitioner filed an opposition. (Dkt. 16). On September 30, 2009, the 25 Court issued an Order denying the motion to dismiss without prejudice. (Dkt. 19). 26 On January 29, 2010, Respondent filed a renewed motion to dismiss, (Dkt. 26), Petitioner 27 filed an opposition, (Dkt. 27), Respondent filed a reply, (Dkt. 28), and Petitioner filed a response to 28 the reply, (Dkt. 29). On September 9, 2010, the Court issued an Order granting the renewed motion 1 to dismiss and denying a certificate of appealability. (Dkt. 30). On September 20, 2010, judgment 2 was entered in favor of Respondent. (Dkt. 31). 3 4 The docket does not reflect an appeal of the Court’s Order and Judgment to the Ninth Circuit Court of Appeals. 5 This Order terminates Docket no. 35. 6 The Clerk shall send a copy of the docket of this case to Petitioner. 7 8 IT IS SO ORDERED. 9 United States District Court For the Northern District of California 10 Dated: 12/10/12 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L:\PRO-SE\SBA\HC.07\Sunday5308.Grant Status Rpt.wpd 2 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 ROMAN SUNDAY, Case Number: CV07-05308 SBA 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 D.K. SISTO et al, 7 Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / 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 December 13, 2012, 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. 13 14 15 16 17 18 Roman Sunday California State Prison - Solano V-11338 P.O. Box 4000 Vacaville, CA 95696-4000 Dated: December 13, 2012 Richard W. Wieking, Clerk By: Lisa Clark, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 L:\PRO-SE\SBA\HC.07\Sunday5308.Grant Status Rpt.wpd 3

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