McCabe v. United States
Filing
8
ORDER Seeking Response re 2 Petitioner's Ex Parte Motion to Stay. Signed by Judge Koh on 3/11/2011. (lhklc3, COURT STAFF) (Filed on 3/11/2011)
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McCabe v. United States
Doc. 8
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Case No.: 11-CV-0003-LHK ORDER SEEKING GOVERNMENT'S RESPONSE TO EX PARTE MOTION
Dockets.Justia.com
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PATRICK JOSEPH MCCABE, Petitioner. v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case No.: 11-CV-00988-LHK ORDER SEEKING GOVERNMENT'S RESPONSE TO PETITIONER'S EX PARTE MOTION (re: dkt. #2)
On February 22, 2011, the Honorable Nandor J. Vadas granted the United States government's request for a certificate of extradition with respect to Petitioner. See Dkt. #75 in In the Matter of the Extradition of Patrick McCabe, Case Number 10-XR-90622-NKV ("Extradition Order"). On March 3, 2011, Petitioner filed a petition for a writ of habeas corpus before this Court. On March 11, 2011, Petitioner filed an ex parte motion seeking a stay of surrender pending review of the Extradition Order in habeas corpus proceedings. See Dkt. #2. Before ruling on this motion, the Court seeks a response by the United States. Accordingly, the United States shall file a response to Petitioner's motion by Wednesday, March 15, 2011. Petitioner may file a brief Reply on Thursday, March 16, 2011. As counsel for the United States has not yet appeared, counsel for Petitioner shall serve this Order on the United
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States and file proof of service with the Court by 11:00 a.m., Monday, March 14, 2011. IT IS SO ORDERED.
Dated: March 11, 2011
_________________________________ LUCY H. KOH United States District Judge
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Case No.: 11-CV-0003-LHK ORDER SEEKING GOVERNMENT'S RESPONSE TO EX PARTE MOTION
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