Dominguez v. Cate

Filing 18

ORDER by Judge Ronald M. Whyte Denying 14 Motion for Default Judgment; Granting 17 Extension of Time of File Opposition. (jg, COURT STAFF) (Filed on 8/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCO DOMIGUEZ,
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Petitioner,
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v.
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MATTHEW CATE,
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Respondent.
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No. C 12-5896 RMW (PR)
ORDER DENYING MOTION
FOR DEFAULT JUDGMENT;
GRANTING EXTENSION OF
TIME TO FILE OPPOSITION

(Docket Nos. 14 & 17)

Petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. On May 29, 2013, respondent filed a motion to dismiss. (Docket No. 16.) On

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July 5, 2013, petitioner filed a motion for an extension of time “to file my traverse to

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respondent’s reply.” (Docket No. 17.) The court construes petitioner’s motion as a request for

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an extension of time to file an opposition to respondent’s motion to dismiss.

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Petitioner’s opposition to respondent’s motion to dismiss was due June 26, 2013.

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Although petitioner’s motion for an extension of time is untimely, Petitioner’s motion is

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GRANTED in the interest of justice. (Docket No. 17.) Petitioner must file an opposition to

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respondent’s motion no later than twenty-eight (28) days from the date this order is filed. If

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petitioner fails to file an opposition by the due date, respondent’s motion to dismiss will be

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deemed submitted without opposition.

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Petitioner has also filed a motion for default judgment. (Docket No. 14.) After receiving

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an extension of time from the court (docket no. 13), respondent filed a timely motion to dismiss.
Order Denying Mot. for Default Judgment; Granting Mot. for Ext. of Time to File Opp.
G:\PRO-SE\RMW\HC.12\Dominguez896_eot-opp.wpd

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Therefore, petitioner’s motion for default judgment is DENIED.

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This order terminates docket nos. 14 and 17.

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IT IS SO ORDERED.

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DATED: _______________
RONALD M. WHYTE
United States District Judge

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Order Denying Mot. for Default Judgment; Granting Mot. for Ext. of Time to File Opp.
G:\PRO-SE\RMW\HC.12\Dominguez896_eot-opp.wpd 2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

FRANCISCO DOMINGUEZ,

Case Number: CV12-05896 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
MATTHEW CATE,
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 August 2, 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.

Francisco Dominguez F-22191
Valley State Prison (VSP)
PO Box 96
Chowchilla, CA 93610-0096
Dated: August 2, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk