Armendariz v. Knowles

Filing 39

ORDER GRANTING 34 MOTION FOR EXTENSION OF TIME TO FILE A NOTICE OF APPEAL. Signed by Judge Jeremy Fogel on 10/20/2011. (jflc2, COURT STAFF) (Filed on 10/20/2011)

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**E-Filed 10/20/2011**

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ROBERT TINO ARMENDARIZ,
Petitioner,

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vs.

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MIKE KNOWLES, Warden,
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Respondent.
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No. C 07-00264 JF(PR)
ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE A
NOTICE OF APPEAL

(Docket No. 34)

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This is a habeas case under 28 U.S.C. § 2254 filed pro se by a state prisoner.

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The Court denied the petition for a writ of habeas corpus on the merits, and entered

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judgment on August 31, 2011. (See Docket Nos. 32 & 33.) On October 11, 2011,

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Petitioner filed a motion “for late filing for extension of time to file notice of

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appeal.” (Docket No. 34.) Good cause appearing, Petitioner’s motion is

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GRANTED such that his notice of appeal filed on the same day, (Docket No. 35), is

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deemed timely filed.

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The Clerk shall transmit the file, including a copy of this order, to the Court

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of Appeals. See Fed. R.App.P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270

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(9th Cir. 1997). Petitioner may ask the Court of Appeals to issue a certificate of
Order Granting Ext. Of Time to File Notice of Appeal
Armendariz264_eot-appeal.wpd

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appealaiblity, see R.App.P. 22(b)(1), or if he does not, the notice of appeal will be

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construed as such a request, see R.App.P. 22( b)(2).

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This order terminates Docket No. 34.

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DATED:

10/20/2011

JEREMY FOGEL
United States District Judge

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For the Northern District of California

United States District Court

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Order Granting Ext. Of Time to File Notice of Appeal
Armendariz264_eot-appeal.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ROBERT T. ARMENDARIZ,

Case Number: CV07-00264 JF

Petitioner,

CERTIFICATE OF SERVICE

v.
MIKE KNOWLES, Warden,
Respondent.

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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 October 20, 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.

Robert Tino Armendariz V-60637
Kern State Prison
P.O. Box 5103
C-4
Delano, CA 93216
Dated: 10/20/2011
Richard W. Wieking, Clerk