Preston v. Campbell

Filing 30

ORDER by Judge Whyte granting in part 29 Motion for Extension of Time to File (rmwlc2, COURT STAFF) (Filed on 2/24/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On January 6, 2010, the court issued a judgment in this case. Petitioner Robert Preston moves for an extension of time to seek a certificate of appealability from the Ninth Circuit. Petitioner has represented to the court that he is proceeding pro se and has had to wait 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. However, under Federal Rules of Appellate Procedure Rules 4 and 5, the court may not provide an extension of time exceeding 30 days after the prescribed time or 14 days after the date of the order granting the motion. Therefore, the court may not extend the time for seeking a certificate of appealability until March 16, 2010, as requested by petitioner. In addition, under Habeas Corpus Rule 22(b), the notice of appeal itself constitutes a request for a certificate of appealability when a separate request has not been filed. The court has already granted petitioner until March 9, 2010 to v. ROSANNE CAMPBELL, Warden of Mule Creek State Prison, Ione, Respondent. ROBERT PRESTON, Petitioner, No. C-05-05154 RMW ORDER GRANTING IN PART PETITIONER'S MOTION FOR EXTENSION OF TIME IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 2/24/10

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

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file a notice of appeal. Accordingly, petitioner shall also have until March 9, 2010 to seek a certificate of appealability from the Ninth Circuit.

DATED:

2/24/10

RONALD M. WHYTE United States District Judge

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

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Notice of this document has been sent to: Petitioner:

3 Robert Preston 701 Minnesota Street #153 4 San Francisco, CA 94107 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ORDER GRANTING IN PART PETITIONER'S MOTION FOR EXTENSION OF TIME-- C-05-05154 RMW CCL 3

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:

2/24/10

CCL Chambers of Judge Whyte