Garcia v. McDowell

Filing 71

ORDER GRANTING THIRD EXTENSION OF TIME TO FILE TRAVERSE re 69 Notice (Other), filed by Esequiel Garcia. Traverse due by 1/4/2021. Signed by Judge Beth Labson Freeman on 11/3/2020. (tshS, COURT STAFF) (Filed on 11/3/2020)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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ESEQUIEL GARCIA,

United States District Court
Northern District of California

Petitioner,
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v.
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Case No. 16-05301 BLF (PR)
ORDER GRANTING THIRD
EXTENSION OF TIME TO FILE
TRAVERSE

RAYTHEL FISHER, Warden,
Respondent.

(Docket No. 69)

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Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. On June 19, 2020, Respondent filed an answer. Dkt. No.

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56. Petitioner’s traverse is currently due no later than November 3, 2020. Dkt. No. 68.

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On October 26, 2020, Petitioner filed a third application for enlargement of time to file a

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traverse. Dkt. No. 69. Petitioner asserts that there have been delays in the processing of

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incoming mail, he needs more time to access exhibits, and COVID-19 restrictions limit his

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ability to conduct research and prepare his traverse. Id. at 2-4.

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Good cause appearing, Petitioner’s motion for a third extension of time to file a

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traverse is GRANTED. Petitioner shall file his traverse no later than January 4, 2021.

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The matter will be deemed submitted on the date Petitioner’s traverse is due.

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Petitioner also requests a ruling on his motion to compel. Id. at 5. It appears that

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Petitioner has not yet received a copy of the last court order in this action, denying that

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motion. Dkt. No. 68. Accordingly, the Clerk shall enclose a copy of the court order

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filed under Docket No. 68, along with a copy of this order to Petitioner.

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This order terminates Docket No. 69.

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IT IS SO ORDERED.

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Dated: __November 3, 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 3rd EOT to File Trav.
P:\PRO-SE\BLF\HC.16\05301Garcia_eot-trav3.docx

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