Gutierrez v. United States

Filing 15

ORDER by Judge Yvonne Gonzalez Rogers granting 13 Petitioner's Motion for Extension of Time to respond to the Court's 12/14/11 Order of Dismissal with Leave to Amend. The time in which Petitioner may respond will be extended up to and including 30 days from the date of this Order. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 1/26/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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No. C 11-4527 YGR (pr)

JOSEPH P. GUTIERREZ,
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ORDER GRANTING PETITIONER'S
REQUEST FOR EXTENSION OF TIME
TO RESPOND TO THE COURT'S
DECEMBER 14, 2011 ORDER OF
DISMISSAL WITH LEAVE TO AMEND

Petitioner,
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vs.
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UNITED STATES OF AMERICA,
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Respondent.

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/

United States District Court
For the Northern District of California

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Before the Court is Petitioner's motion for an extension of time to respond to the Court's
December 14, 2011 Order of Dismissal with Leave to Amend.
Good cause appearing, the request is GRANTED. The time in which Petitioner may respond
will be extended up to and including thirty (30) days from the date of this Order. If Petitioner fails
to respond within the thirty-day deadline, this case will be closed for failure to prosecute under Rule
41(b) of the Federal Rules of Civil Procedure. See Link v. Wabash R.R., 370 U.S. 626, 633 (1962)
(pursuant to Rule 41(b), a district court may sua sponte dismiss an action for failure to prosecute or
to comply with a court order); see also Malone v. United States Postal Serv., 833 F.2d 128, 133 (9th
Cir. 1987) (the district court should afford the litigant prior notice before dismissing for failure to
prosecute).
This Order terminates Docket no. 13.
IT IS SO ORDERED.
DATED: January 26, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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