Olea v. Warden Salinas Valley State Prison et al

Filing 45

ORDER by Judge Lucy H. Koh granting 44 Motion for Extension of Time to File (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 7/16/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANIANO OLEA,

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Petitioner,
v.
WARDEN,
Respondent.

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No. C 12-0148 LHK (PR)
ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE
RESPONSE

(Docket No. 44)

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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. The court ordered respondent to show cause why the petition

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should not be granted. Respondent filed an answer and a supplemental answer. Petitioner filed a

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traverse. On June 18, 2014, the court directed respondent to file either a motion to dismiss for

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petitioner’s failure to exhaust or a supplemental answer addressing the merits of all of

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petitioner’s claims and subclaims within sixty days of the order. (Docket No. 43.) Respondent

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has filed a motion seeking a 45-day extension of time in which to respond to the court’s order.

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(Docket No. 44.)

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Respondent’s motion is GRANTED. Respondent shall file either a motion to dismiss for

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failure to exhaust or a supplemental answer no later than September 30, 2014. Should

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respondent file a motion to dismiss, petitioner must file an opposition within twenty-eight days

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after such motion is filed. Respondent shall then file a reply fourteen days thereafter.
Order Granting Motion for Extension of Time to File a Response
P:\PRO-SE\LHK\HC.12\Olea148eot-suppbrief.wpd

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If respondent believes that a motion to dismiss for failure to exhaust is not proper or if

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respondent waives the exhaustion requirement, and instead files a supplemental answer,

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petitioner shall file a traverse within thirty days after the supplemental answer is filed.

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This order terminates docket number 44.

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IT IS SO ORDERED.

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7/16/14
DATED: __________________

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_________________________
LUCY H. KOH
United States District Judge

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Order Granting Motion for Extension of Time to File a Response
P:\PRO-SE\LHK\HC.12\Olea148eot-suppbrief.wpd

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