Preston v. Campbell

Filing 28

ORDER by Judge Whyte granting 27 Motion for Extension of Time to File Notice of Appeal.(rmwlc2, COURT STAFF) (Filed on 2/23/2010)

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ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION OF TIME-- C-05-05154 RMW CCL

E-FILED on

2/23/10

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

ROBERT PRESTON, Petitioner, v. ROSANNE CAMPBELL, Warden of Mule Creek State Prison, Ione, Respondent.

No. C-05-05154 RMW ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION OF TIME

On January 6, 2010, the court issued a judgment in this case. Petitioner Robert Preston moves for an extension of time to file a notice of appeal. Petitioner has represented to the court that he did not receive notice of the court's denial of his habeas petition until January 15, 2010 and has been waiting for his former counsel to forward the documentation he needs to proceed in this matter. Finding that petitioner has shown good cause, the court grants the motion for an extension of time. Petitioner shall have until March 9, 2010 to file a notice of appeal with the district clerk.

DATED:

2/23/10

RONALD M. WHYTE United States District Judge

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Notice of this document has been sent to: Petitioner: Robert Preston V-63664 California Correctional Institution Unit 2, Dorm 2, 22 Low P.O. Box 608 Tehachapi, CA 93581 Counsel for Petitioner: Dennis Patrick Riordan Donald Meredith Horgan Counsel for Respondent: Ann P. Wathen [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

2/23/10

CCL Chambers of Judge Whyte

ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION OF TIME-- C-05-05154 RMW CCL 2