LeGrand v. Yates

Filing 21

ORDER by Judge ARMSTRONG denying 16 Motion for Extension of Time to File (lrc, COURT STAFF) (Filed on 5/22/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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7 CORBETT LE GRAND,

Petitioner,

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vs.

10 JAMES A. YATES, Warden,
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Case No: C 09-00370 SBA
ORDER DENYING PETITIONER’S
MOTION FOR EXTENSION OF
TIME AS MOOT
Dkt. 16

Respondent.

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Petitioner seeks an extension of time to file his Notice of Appeal from the judgment

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entered by this Court in connection with its order denying his petition for a writ of habeas

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corpus. Petitioner’s counsel claims that he had thirty days from the date the judgment, filed

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March 30, 2012, to file his appeal, but that he mis-calendared the deadline. However, the

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thirty-day deadline to appeal begins to run from date the judgment is entered. Fed. R.App.

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P. 4(a)(1)(A). Although the judgment was dated March 30, 2012, it was not entered until

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April 13, 2012. Therefore, Petitioner’s notice of appeal filed on May 8, 2012 is timely

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without an extension. Dkt. 20. Accordingly,

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IT IS HEREBY ORDERED THAT Petitioner’s motion for extension of time to file
appeal is DENIED as moot. This Order terminates Docket 16.
IT IS SO ORDERED.
Dated: May 18, 2012

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge