Lincoln v. Beard

Filing 35

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 34 MOTION TO REOPEN TIME TO FILE NOTICE OF APPEAL. (ndrS, COURT STAFF) (Filed on 1/26/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRANCE RAY LINCOLN,
Petitioner,

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United States District Court
Northern District of California

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Case No. 15-cv-02686-HSG (PR)

v.
WILLIAM SULLIVAN, Warden,
Respondent.

ORDER GRANTING MOTION TO
REOPEN TIME TO FILE NOTICE OF
APPEAL
Re: Dkt. No. 34

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Good cause appearing, and in the interests of justice, petitioner’s renewed motion to

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reopen the time for appeal is GRANTED. It appears that, due to petitioner’s change of address, he

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did not receive timely notice of the judgment from which he seeks to appeal. See Fed. R. App. P.

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4(a)(6)(A). Further, he filed his first motion to reopen time for appeal within 180 days after

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judgment was entered. See Fed. R. App. P. 4(a)(6)(B). Finally, the Court finds that no party

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would be prejudiced by the extension. See Fed. R. App. P. 4(a)(6)(C).

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Petitioner must file a new notice of appeal within fourteen (14) days of the date this order
is entered. See Fed. R. App. P. 4(a)(6).

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The Clerk shall send a copy of this order to the Ninth Circuit Court of Appeals.

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This order terminates Dkt. No. 34.

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IT IS SO ORDERED.

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Dated: 1/26/2018

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HAYWOOD S. GILLIAM, JR.
United States District Judge