Hernandez v. Walker

Filing 84

ORDER by Judge Ronald M. Whyte Granting 83 Motion for Extension of Time to File Traverse. (jgS, COURT STAFF) (Filed on 7/3/2014)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 ANTHONY PEREZ HERNANDEZ, 12 Petitioner, 13 vs. 14 JAMES WALKER, Warden, 15 Respondent. 16 17 ) ) ) ) ) ) ) ) ) ) No. C 09-3457 RMW (PR) ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE TRAVERSE (Docket No. 83) Petitioner, a California prisoner proceeding pro se, filed an amended petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. On April 14, 2014, respondent filed a motion to 19 dismiss petitioner’s newly-added habeas corpus claims as untimely. (Docket No. 82.) Petitioner 20 has filed a motion for an extension of time to file a traverse which the court construes as a 21 motion for an extension of time to file an opposition. (Docket No. 83.) 22 So construed, petitioner’s motion for an extension of time to file an opposition is 23 GRANTED. Petitioner’s opposition shall be filed no later than twenty-eight (28) days from the 24 filing date of this order. Respondent shall file a reply within fourteen (14) days thereafter. 25 This order terminates docket number 83. 26 IT IS SO ORDERED. 27 DATED: 28 Order Granting Mot. for Ext. of Time to File Traverse P:\PRO-SE\RMW\HC.09\Hernandez457eot-trav.wpd ______________________________ RONALD M. WHYTE United States District Judge UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ANTHONY PEREZ HERNANDEZ, Case Number: CV09-03457 RMW Plaintiff, CERTIFICATE OF SERVICE v. JAMES WALKER et al, Defendant. / 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 July 3, 2014, 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. Anthony Perez Hernandez J-91728 California State Prison-Solano 5-147-L P.O. Box 4000 Vacaville, CA 95696-4000 Dated: July 3, 2014 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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