Maravilla v. Swarthout

Filing 14

ORDER GRANTING EXTENSION OF TIME TO FILE OPPOSITION TO MOTION TO DISMISS. Petitioner shall file a opposition no later than September 27, 2012, thirty (30) days after the motion to dismiss was served. Respondent shall file a reply no more than fifteen (15) days thereafter. Signed by Judge Edward J. Davila on 8/31/2012. (ecg, COURT STAFF) (Filed on 9/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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JAVIER RUIZ MARAVILLA,
Petitioner,

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vs.

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G. SWARTHOUT, Warden,
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Respondent.
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No. C 11-03385 EJD (PR)
ORDER GRANTING EXTENSION OF
TIME TO FILE OPPOSITION TO
MOTION TO DISMISS

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Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction. (See Docket No. 1.)

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The Court ordered Respondent to show cause why Petitioner's writ should not be granted.

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(See Docket No. 7.) Respondent requested an extension of time to file a motion to dismiss.

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(See Docket No. 8.) The Court granted Respondent’s motion, and set June 4, 2012 as the due

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date for the motion to dismiss. (See Docket No. 9.) Respondent filed a motion to dismiss on

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May 1, 2012. (See Docket No. 10.)

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he had not received a responsive pleading from Respondent. (See Docket No. 12.) Petitioner

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also filed a notice of change of address. (See Docket No. 11.) On August 28, 2012,

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Respondent filed an amended declaration of service indicating that his motion to dismiss was

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served on Petitioner at his new address. (See Docket No. 13.)

On August 27, 2012, Petitioner notified the Court that

Order Granting Ext. of Time to File Opp.
N:\Pro - Se & Death Penalty Orders\August 2012\03385Maravilla_eot.opp.wpd

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In the interest of justice, the Court GRANTS Petitioner an extension of time in which

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to file an opposition to Respondent’s motion to dismiss. Petitioner shall file a opposition no

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later than September 27, 2012, thirty (30) days after the motion to dismiss was served.

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Respondent shall file a reply no more than fifteen (15) days thereafter.

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DATED:

8/31/2012
EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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Order Granting Ext. of Time to File Opp.
N:\Pro - Se & Death Penalty Orders\August 2012\03385Maravilla_eot.opp.wpd
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JAVIER RUIZ MARAVILLA,

Case Number: CV11-03385 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
G. SWARTHOUT 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 September 4, 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.

Javier Ruiz Maravilla G-14768
Deuel Vocational Institution
P. O. Box 600
Tracy, CA 95378-0600
Dated: September 4, 2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk