Fitzhugh v. Marshall

Filing 7

ORDER by Judge Ronald M. Whyte Granting 6 Motion for Extension of Time to Answer. (jg, COURT STAFF) (Filed on 2/6/2008)

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Fitzhugh v. Marshall Doc. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 GOOD CAUSE APPEARING, it is hereby ordered that respondent may have until KENNETH C. FITZHUGH, Petitioner, v. JOHN MARSHALL, Warden, Respondent. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION C 07-01091 RMW (PR) ORDER *E-FILED - 2/6/08* 18 February 24, 2008, to file an answer to, or responsive motion regarding, the petition for writ of 19 habeas corpus. Petitioner may file and serve a traverse, if any, within thirty (30) days of his receipt 20 of the answer. He may file and serve an opposition or statement of non-opposition within thirty (30) 21 days of his receipt of a motion to dismiss, if any. 22 IT IS SO ORDERED. 2/6/08 23 Dated: ________________________ 24 25 26 27 28 [] Order __________________________________ RONALD M. WHYTE United States District Judge Kenneth C. Fitzhugh v. John Marshall, Warden Case No. C 07-01091 RMW (PR) DECLARATION OF SERVICE BY U.S. MAIL Case Name: Kenneth C. Fitzhugh v. John Marshall,Warden I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On January 24, 2008, I served the attached: 1. APPLICATION FOR ENLARGEMENT OF TIME TO FILE ANSWER OR RESPONSIVE MOTION; 2. DECLARATION COUNSEL IN SUPPORT OF APPLICATION FOR ENLARGEMENT OF TIME; and 3. ORDER by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows: Kenneth Carroll Fitzhugh, Jr. SPN# T-32277 California Men's Colony-E 3114 P.O. Box 8103 San Luis Obispo, CA 93409-8103 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on January 24, 2008, at San Francisco, California. J. Espinosa Declarant FITZHUGHfheotpos.wpd No.: C 07-01091 RMW (PR) /s/ J. Espinosa Signature

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