Alvarez v. State of California

Filing 13

ORDER Sua Sponte Granting Extension of Time to Make Election. Signed by Judge Ronald M. Whyte on 3/28/12. (jg, COURT STAFF) (Filed on 3/28/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

ORDER SUA SPONTE GRANTING
EXTENSION OF TIME TO MAKE
ELECTION

Petitioner,

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No. C 10-05744 RMW

CHRISTIAN T. ALVAREZ,

vs.

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M.D. MCDONALD, Warden,
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Respondent.
/

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On April 21, 2011, petitioner notified the court of his change of address from High Desert

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State Prison to Corcoran State Prison. On February 29, 2012, petitioner notified the court that he
had not received a copy of respondent’s Answer which was due on June 23, 2011.
On June 20, 2011, respondent filed a Motion to Dismiss Petition for Habeas Corpus for

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Failure to Exhaust State Remedies. The motion was served on petitioner at High Desert State
Prison. On October 25, 2011, this court issued an order granting respondent’s Motion to Dismiss
and ordered petitioner to make an election as to how to proceed within 30 days of the date of the
order.
Respondent is ordered to send petitioner a copy of his Motion to Dismiss, filed on June 20,
2011. Petitioner shall have forty-five days from the filing date of this order in which to elect one of
the three options placed forth in this court’s Order filed October 25, 2011.
DATED: ________________________

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Order Sua Sponte Granting Extension Of Time to Make Election
G:\PRO-SE\SJ.Rmw\CR.12\Alvarez744 EOTgrant.wpd

_______________________________
RONALD M. WHYTE
United States District Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

CHRISTIAN T ALVAREZ,

Case Number: CV10-05744 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
STATE OF CALIFORNIA et al,
Defendant.

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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 March 28, 2012, 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.

Christian T Alvarez G-22117
D-4/Cell-138
PO Box 4670
Lancaster, CA 93539-4670
Dated: March 28, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk