Walker v. People of the State of California et al

Filing 32

ORDER GRANTING RESPONDENT'S MOTION FOR SECOND EXTENSION OF TIME TO FILE ANSWER;DENYING PETITIONERS MOTION TO EXPEDITE RELEASE. Motions terminated: 30 MOTION to Expedite filed by Jeffery E. Walker, 31 MOTION for Extension of Time to File Response/Reply Respondent's Ex Parte Application for Second Extension of Time filed by W. G. Sullivan. Signed by Judge Edward J. Davila on 5/4/2012. (ecg, COURT STAFF) (Filed on 5/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-03177 EJD (PR)

JEFFERY E. WALKER,
Petitioner,

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ORDER GRANTING RESPONDENT’S
MOTION FOR SECOND EXTENSION
OF TIME TO FILE ANSWER;
DENYING PETITIONER’S MOTION TO
EXPEDITE RELEASE

v.
W. G. SULLIVAN, Warden,
Respondents.
/

(Docket Nos. 30 & 31)

Petitioner, a state prisoner proceeding pro se, filed a second amended petition for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 3, 2012, the Court found

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the amended complaint stated cognizable claims and ordered Respondent to show cause why

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the petition should not be granted. (See Docket No. 22.) Thereafter, Respondent filed a

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timely motion for an extension of time to file an answer no later than May 3, 2012, which

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was granted. (See Docket No. 29.) Before the Court is Respondent’s motion for a second

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extension of time to file an answer. (Docket No. 31.) Good cause appearing, the motion is

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GRANTED. Respondent shall file an answer no later than June 2, 2012. If Petitioner

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wishes to respond to the answer, he shall do so by filing a traverse with the Court and serving

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it on Respondent within thirty (30) days of his receipt of the answer.

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Petitioner’s motion to expedite release for Respondent’s alleged failure to respond to
the Court’s order to show cause, (Docket No. 30), is DENIED. Respondent’s motions for

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extensions of time to file an answer were timely filed and good cause was shown for the

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extensions.

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This order terminates Docket Nos. 30 and 31.
5/3/2012

DATED: ________________________

_______________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
For the Northern District of California

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Order Granting EOT to file Ans; Denying Other Motion
03177Walker_eot-ans.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JEFFERY E. WALKER,

Case Number: CV11-03177 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
W. G. SULLIVAN, Warden,
Respondent.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
5/4/2012
That on
, 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.

Jeffery E. Walker F-11343
CSP Los Angeles County
P.O. Box 4670
Lancaster, CA 93539
Dated:

5/4/2012
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk