Garcia v. McDowell

Filing 52

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE REPLY TO OPPOSITION TO MOTION TO COMPEL. Signed by Judge Beth Labson Freeman.Granting 51 Motion for Extension of Time to File Response/Reply re 51 MOTION for Extension of Time to Fi le Response/Reply as to 50 . (tshS, COURT STAFF) (Filed on 5/5/2020)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)

Case 5:16-cv-05301-BLF Document 52 Filed 05/05/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ESEQUIEL “PAUL” GARCIA,

United States District Court
Northern District of California

Petitioner,
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Case No. 16-cv-5301 BLF (PR)
ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE
REPLY TO OPPOSITION TO
MOTION TO COMPEL

v.
NEIL MCDOWELL, Warden,
Respondent.

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(Docket No. 51)

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

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to 28 U.S.C. § 2254, challenging his state conviction. On April 9, 2020, Petitioner filed a

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motion to compel. Dkt. No. 44. Respondent filed an opposition to the motion on April 23,

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2020. Dkt. No. 50.

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On April 30, 2020, a motion for extension of time to file a reply to Respondent’s

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opposition was filed. Dkt. No. 51. The Court notes that although the motion appears to

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have been initialed by Petitioner, id. at 6, it was actually filed by a non-party, Maria

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Consuelo Garcia, who signed the attached proof of service. Id. at 9. Petitioner is advised

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that a non-party may not file matters on his behalf, especially since he is proceeding pro se

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in this matter. In light of the extenuating circumstances at this time precipitated by the

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Case 5:16-cv-05301-BLF Document 52 Filed 05/05/20 Page 2 of 2

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covid-19 pandemic, the Court will accept this filing. However, no future documents filed

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by a non-party will be accepted for filing in this matter.

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Good cause appearing, Petitioner’s motion for an extension of time to file a reply is

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GRANTED. Petitioner’s reply to Respondent’s opposition to his motion to compel shall

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be filed no later than twenty-one (21) days from the date this order is filed.

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This order terminates Docket No. 51.

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IT IS SO ORDERED.

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Dated: __May 5, 2020________

________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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Order Granting Ext. of Time to file Reply
PRO-SE\BLF\HC.16\05301Garcia_eot-reply(m2compel)

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