Dorsey v. Miller et al

Filing 17

ORDER by Judge Ronald M. Whyte Denying 6 Motion to Award Writ of Habeas Corpus. (jg, COURT STAFF) (Filed on 12/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AMINAH DORSEY,
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Petitioner,
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vs.
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WARDEN W. MILLER,
Respondent.

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No. C 11-5798 RMW (PR)
ORDER DENYING MOTION TO
AWARD WRIT OF HABEAS
CORPUS

(Docket No. 6)

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

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pursuant to 28 U.S.C. § 2254. (Docket No. 1.) On March 8, 2012, the court issued an order to

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show cause directing respondent to answer the petition within ninety days. (Docket No. 4.) On

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July 2, 2012, respondent filed an application for extension of time to file an answer. (Docket No.

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7.) The court found good cause to grant the motion based on the court’s failure to timely mail

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out the order to show cause. (Docket No. 9.) Petitioner has filed a motion to award his writ of

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habeas corpus on the basis that respondent had not timely complied with the court’s order to

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show cause. (See Docket No. 6.) Petitioner’s motion is DENIED as moot.

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This order terminates docket no. 6.

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IT IS SO ORDERED.

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DATED: _______________
RONALD M. WHYTE
United States District Judge
Order Denying Motion to Award W rit of Habeas Corpus
G:\PRO-SE\SJ.Rmw\HC.11\Dorsey798deny-award-writ.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

AMINAH S R DORSEY,

Case Number: CV11-05798 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
WARDEN 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 December 3, 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.

Aminah Dorsey X34913
PO Box 1508
Chowchilla, CA 93610
Dated: December 3, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk