Stockton v. Lewis

Filing 21

ORDER by Judge Ronald M. Whyte Granting in Part 17 Motion for Extension of Time to File Traverse. (jgS, COURT STAFF) (Filed on 6/12/2015)

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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 ROBERT JOHN STOCKTON, JR., 11 Petitioner, 12 vs. 13 14 ACTING WARDEN CLARK DUCART, 15 Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 13-3978 RMW (PR) ORDER GRANTING IN PART MOTION FOR EXTENSION OF TIME TO FILE TRAVERSE (Docket No. 17) 16 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus 17 18 pursuant to 28 U.S.C. § 2254 challenging the prison’s Institutional Classification Committee’s 19 2011 decision during his periodic review hearing to retain petitioner in the secured housing unit 20 (“SHU”). The court issued an order to show cause why the petition should not be granted. On 21 April 30, 2015, respondent filed an answer. (Docket No. 16.) Plaintiff has filed a motion 22 requesting a sixty-day extension of time to file a traverse. (Docket No. 17.) Petitioner states that 23 on May 12, 2015, he was transferred to another prison and is not in possession of his legal 24 materials. (Id. at 2.) 25 Having shown good cause, petitioner’s motion is GRANTED in part. Petitioner shall 26 file a traverse no later than thirty (30) days after the date this order is filed. 27 // 28 // Order Granting in Part Motion for Extension of Time to File Traverse P:\PRO-SE\RMW\HC.13\Stockton978eot-trav.wpd 1 The order terminates docket number 17. 2 IT IS SO ORDERED. 3 4 DATED: _________________________ RONALD M. WHYTE United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting in Part Motion for Extension of Time to File Traverse 2 P:\PRO-SE\RMW\HC.13\Stockton978eot-trav.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROBERT JOHN STOCKTON JR, Case Number: CV13-03978 RMW Plaintiff, CERTIFICATE OF SERVICE v. ACTING WARDEN CLARK DUCART, 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 June 12, 2015, 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. Robert John Stockton J-80992 C7-105 HDSP P.O. Box 3030 Susanville, CA 96127 Dated: June 12, 2015 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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