Grecu v. Evens

Filing 30

ORDER GRANTING re 26 MOTION for Extension of Time to File Application for Certificate of Appealability. Signed by Judge Jeremy Fogel on 9/18/08. (dlm, COURT STAFF) (Filed on 9/18/2008)

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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

DAVID GRECU, Petitioner, vs. M. S. EVANS, Warden, Respondent.

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No. C 07-00780 JF (PR)
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE APPLICATION FOR CERTIFICATE OF APPEALABILITY

(Docket No. 26)

On August 27, 2008, the Court granted Respondent's motion to dismiss the petition as untimely. On September 12, 2008, Petitioner filed a motion for an extension of time to file a motion for a certificate of appealability (Docket No. 26). In his motion, petitioner explains that he is waiting to receive copies of court documents from the superior court to present as exhibits in his appeal to prove that the petition was timely filed. (Pickens Decl. in Supp. of Mot. at 1.) Petitioner requests an enlargement of time up to and including September 15, 2008, to file his notice of appeal and motion for a certificate for appealability Federal Rule of Appellate Procedure 4(a)(5) allows a motion for an extension of time if the party requests it within thirty days of the expiration of the time to file the notice and shows excusable neglect or good cause. See Fed. R. App. P. 4(a)(5). The
Order Granting Motion for Extension P:\PRO-SE\SJ.JF\HC.07\Grecu0780_eot-coa.wpd

of Time to File Application for COA

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extension must be no later than thirty days after the original deadline, or ten days after the entry of the order granting the motion, whichever is later. See id. The Court concludes that Petitioner has shown good cause for such extension. Accordingly, Petitioner's motion for an extension of time to file an application for a certificate of appealability (docket no. 26) is GRANTED. Petitioner shall file an application for a certificate of appealability no later than thirty days after the original deadline, i.e., no later than September 26, 2008. Id. IT IS SO ORDERED.
9/18/08 DATED: ____________________

_____________________ JEREMY FOGEL United States District Judge

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