Edwards v. Grounds et al

Filing 30

ORDER by Judge Lucy H. Koh denying 25 Motion for Entry of Default; finding as moot 26 Motion production of exhibits; granting 28 Motion to Enlarge Time (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 12/6/2011)

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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 DARRELL RAY EDWARDS, 12 13 14 Petitioner, v. WARDEN RANDY GROUNDS, 15 Respondent. ) ) ) ) ) ) ) ) ) ) No. C 10-4164 LHK (PR) ORDER DENYING MOTION FOR ENTRY OF DEFAULT; DENYING AS MOOT MOTION FOR PRODUCTION OF EXHIBITS; GRANTING MOTION TO ENLARGE TIME (Docket Nos. 25, 26, 28) 16 Petitioner, a state prisoner proceeding pro se, filed a federal petition for writ of habeas 17 corpus, pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion for entry of default. On 18 September 9, 2011, Respondent requested an additional two week extension of time in which to 19 file his answer to the Court’s order to show cause. On September 19, 2011, the Court granted 20 Respondent’s motion, directing Respondent to file his answer within thirty days. Thereafter, 21 Respondent filed a timely response. Petitioner’s motion for entry of default is DENIED. 22 Petitioner also moves for production of documents. Specifically, Petitioner asserts that 23 he did not receive a copy of Respondent’s exhibits in support of his answer. On November 21, 24 2011, counsel for Respondent filed a letter indicating that she served Petitioner with a copy of 25 the requested exhibits. Thus, Petitioner’s motion for production of documents is DENIED as 26 moot. 27 Finally, Petitioner moves for an enlargement of time to file a traverse to Respondent’s 28 Order Denying Motion for Entry of Default; Denying as Moot Motion for Production of Exhibits; Granting Motion to Enlarge Time P:\pro-se\sj.lhk\hc.10\Edwards164misc 1 answer. Petitioner’s motion is GRANTED. Petitioner may file a traverse no later than thirty 2 days from the filing date of this order. 3 IT IS SO ORDERED. 12/6/11 DATED: 4 5 LUCY H. KOH United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Denying Motion for Entry of Default; Denying as Moot Motion for Production of Exhibits; Granting Motion to Enlarge Time 2 P:\pro-se\sj.lhk\hc.10\Edwards164misc

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