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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 AMINAH DORSEY, 11 Petitioner, 12 vs. 13 14 15 WARDEN W. MILLER, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 11-5798 RMW (PR) ORDER DENYING MOTION TO AWARD WRIT OF HABEAS CORPUS (Docket No. 6) 16 17 Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. (Docket No. 1.) On March 8, 2012, the court issued an order to 19 show cause directing respondent to answer the petition within ninety days. (Docket No. 4.) On 20 July 2, 2012, respondent filed an application for extension of time to file an answer. (Docket No. 21 7.) The court found good cause to grant the motion based on the court’s failure to timely mail 22 out the order to show cause. (Docket No. 9.) Petitioner has filed a motion to award his writ of 23 habeas corpus on the basis that respondent had not timely complied with the court’s order to 24 show cause. (See Docket No. 6.) Petitioner’s motion is DENIED as moot. 25 This order terminates docket no. 6. 26 IT IS SO ORDERED. 27 28 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. / 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

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