Garcia v. McDowell

Filing 32

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE SECOND AMENDED PETITION by Judge Beth Labson Freeman. Granting 31 Motion for Extension of Time to Amend 31 MOTION for Extension of Time to Amend 29 Order on Motion to Reopen Case, Order on Motion to Amend/Correct. Second Amended Pleadings due by 5/13/2019. (tshS, COURT STAFF) (Filed on 3/28/2019) (Additional attachment(s) added on 3/29/2019: # 1 Certificate/Proof of Service) (tshS, COURT STAFF).

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

ESEQUIEL “PAUL” GARCIA,
Petitioner,

12
13
14
15

Case No. 16-cv-05301 BLF (PR)
ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE
SECOND AMENDED PETITION

v.
NEIL MCDOWELL, Warden,
Respondent.

(Docket No. 31)

16
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. On January 20, 2017, the Court

20

granted Petitioner’s request to stay the mixed petition in order to exhaust unexhausted

21

claims in the state courts. (Docket No. 22.) The case was administratively closed pending

22

the stay of this action. (Id.) After Petitioner filed a motion to reopen this action, the Court

23

ordered the matter reopened and lifted the stay on January 16, 2019. (Docket No. 29.)

24

Petitioner was directed to file a second amended petition no later than fifty-six days from

25

the date the order was filed, i.e., no later than March 13, 2019. (Id.)

26
27

Petitioner filed a motion for an extension of time to file a second amended petition,
extending the deadline to May 13, 2019. (Docket No. 31.) Good cause appearing, the

28
1

1
2

motion is GRANTED. Petitioner shall file a second amended petition no later than May

3

13, 2019.

4

This order terminates Docket No. 31.

5

IT IS SO ORDERED.

6

DATED: March 28, 2019
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
26

Order Granting Motion for Ext. of Time to File SAP
P:\PRO-SE\BLF\HC.16\05301Garcia_eot-2ampet.docx

27
28
2