Gonzales v. Leotti

Filing 28

ORDER by Judge Ronald M. Whyte Granting 17 Motion to Withdraw ; Granting 18 Motion for Extension of Time to Answer. Respondent's Answer Filed 1/4/2013 is Deemed Timely. (jg, COURT STAFF) (Filed on 1/22/2013)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 ARTEMIO GONZALES, 12 Petitioner, 13 v. 14 GEORGE LEOTTI, Warden, 15 Respondent. 16 17 ) ) ) ) ) ) ) ) ) ) No. C 11-3235 RMW (PR) ORDER GRANTING EXTENSION OF TIME TO FILE ANSWER (Doc. Nos. 17 and 18.) On June 27, 2011, petitioner, a state prisoner proceeding pro se, filed a writ of habeas 18 corpus challenging a criminal conviction and judgment pursuant to 28 U.S.C. § 2254. (Doc. No. 19 1.) On October 24, 2011, the court dismissed this action for failure to timely file a completed 20 application to proceed in forma pauperis or pay the filing fee, and failure to keep the court 21 apprised of his current address. (Doc. No. 7.) On March 9, 2012, petitioner filed a letter with 22 the court stating that he did not know why his mail was returned undeliverable, and that he was 23 not aware that his fee was past due. (Doc. No. 13.) That same day, he filed a $5.00 filing fee. 24 (Doc. No. 14.) On March 30, 2012, the court sua sponte re-opened this action. (Doc. No. 15.) 25 Respondent has filed an application for withdrawal and reissuance of order to show 26 cause, (Doc. No. 17.) Respondent has also filed a motion for extension of time to file an 27 answer. (Doc. No. 18.) Good cause having been shown, respondent’s requests are GRANTED. 28 Respondent’s answer, filed January 4, 2013, is deemed timely. Petitioner’s traverse is due no Order Granting Ext. of Time to File Answer G:\PRO-SE\SJ.Rmw\HC.11\Gonzales235answer-eot.wpd 1 1 later than thirty days from the filing date of this order. 2 This order terminates docket nos. 17 and 18. 3 IT IS SO ORDERED. 4 5 DATED: _______________ RONALD M. WHYTE 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 Granting Ext. of Time to File Answer G:\PRO-SE\SJ.Rmw\HC.11\Gonzales235answer-eot.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GONZALES et al, Case Number: CV11-03235 RMW Plaintiff, CERTIFICATE OF SERVICE v. LEOTTI 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 January 22, 2013, 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. Artemio Gonzales F37380 Richard Donovan Prison 480 Alta Road F3-11-132 San Diego, CA 92179 Dated: January 22, 2013 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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