Rios v. Frauenheim

Filing 54

ORDER GRANTING FOURTH AND FINAL EXTENSION OF TIME TO FILE TRAVERSE by Judge Beth Labson Freeman. Granting 53 Motion for Extension of Time to File. (tshS, COURT STAFF) (Filed on 4/28/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 12 ULYSSES ALEXANDER RIOS, Petitioner, v. 13 14 15 16 Case No. 15-01357 BLF (PR) ORDER GRANTING FOURTH AND FINAL EXTENSION OF TIME TO FILE TRAVERSE SCOTT FRAUENHEIM, Warden, Respondent. (Docket No. 53) 17 18 Petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant 19 to 28 U.S.C. § 2254, challenging his state conviction out of Santa Clara County. 20 Respondent filed an answer on June 15, 2020. Dkt. No. 44. Since then, Petitioner has 21 been granted three generous extensions of time to file a traverse, such that the latest 22 deadline was April 16, 2021. Dkt. Nos. 47, 50, 52. 23 Petitioner has filed a motion for another extension of time, stating that he has been 24 facing sporadic lockdowns at the prison but that access to the law library has increased. 25 Dkt. No. 53 at 1. He states that he has been diligently working to finalize his traverse. Id. 26 Good cause appearing, the motion is GRANTED. Petitioner shall file a traverse no later 27 than sixty (60) days from the date this order is filed. 28 This being Petitioner’s fourth extension of time, no further extensions of time 1 to file a traverse will be granted. The matter will be deemed submitted on the date 2 Petitioner’s traverse is due. 3 This order terminates Docket No. 53. 4 IT IS SO ORDERED 5 6 Dated: __April 28, 2021______ ________________________ BETH LABSON FREEMAN United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Order Granting 4th and Final EOT to file Trav P:\PRO-SE\BLF\HC.15\01357Rios 4.eot-trav.docx 26 27 28 2

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