Quinonez v. Harrington

Filing 16

ORDER by Judge ARMSTRONG denying 14 Motion SANCTION; granting 15 Motion for Extension of Time to Amend (lrc, COURT STAFF) (Filed on 5/13/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND-CARLOS QUINONEZ,

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No. C 09-04272 SBA (PR)

Petitioner,

ORDER GRANTING PETITIONER'S
REQUEST FOR AN EXTENSION OF
TIME AND DENYING HIS REQUEST
FOR SANCTIONS

v.
KELLY HARRINGTON, Warden,
Respondent.

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Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus. In an Order

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United States District Court
For the Northern District of California

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dated March 31, 2011, the Court granted Respondent's motion to dismiss the petition as a "mixed

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petition" containing both exhausted and unexhausted claims. The Court directed Petitioner within

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thirty days to file his amended petition containing only exhausted claims or to request to stay the

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petition while he returns to state court to exhaust his unexhausted claims.

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Before the Court is Petitioner's motion for an extension of time up to and including May 16,

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2011 in order to "comply with this Court's previous ORDER of 3-31-11" (docket no. 15). Good

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cause appearing, his request is GRANTED. Petitioner may file either an amended petition or a

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request for a stay no later than May 16, 2011.

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Petitioner has also filed a motion for the Court to issue sanctions on Respondent for "not

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complying with the Court's explicit ORDER to serve upon the Petitioner a Reply to the Opposition

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that Petitioner filed" in response to the motion to dismiss (docket no. 14). As mentioned above, the

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Court has already ruled on the motion to dismiss, and it is allowing Petitioner to file either an

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amended petition or a request for a stay. Accordingly, Petitioner's request for sanctions is DENIED.

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This Order terminates Docket nos. 14 and 15.

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IT IS SO ORDERED.

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DATED: 5/10/11
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF
CALIFORNIA

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RAYMOND-CARLOS QUINONEZ,
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Case Number: CV09-04272 SBA
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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HARRINGTON et al,
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Defendant.
United States District Court
For the Northern District of California

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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 May 13, 2011, 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.

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Raymond-Carlos Quinonez E-15587
Kern Valley State Prison
P.O. Box 5103
Delano, CA 93216-5103

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Dated: May 13, 2011

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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