Fournier v. NH Department of Corrections, Commissioner

Filing 42

ORDER granting Doc. 40 Motion for Extension of Time to Respond to 17 MOTION for Summary Judgment. ( Follow up on Objection on 1/11/2010.) Signed by Judge Joseph A. DiClerico, Jr. (dae)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Christopher Fournier v. Warden, Northern New Hampshire Correctional Facility ORDER Christopher Fournier seeks habeas corpus relief pursuant to 28 U.S.C. § 2254. After the warden filed a motion for summary Civil No. 08-cv-338-JD

judgment, the court appointed counsel to represent Fournier due to his lack of access to materials for legal research. On

November 17, 2009, Fournier's appointed counsel filed a "Notice of Motion and Affidavit in Support of a Motion to Grant Counsel an Additional Thirty Days to Submit a Response to Respondent's Motion for Summary Judgment" in which counsel stated that he would file a motion "at a date and time convenient for the court." filed. To date, no motion for an extension of time has been The warden has not responded to the "notice."

The court deems the notice to be a motion for an extension of time to file a response to the warden's motion for summary judgment. The request is granted.

Conclusion For the foregoing reasons, the plaintiff's motion for an extension of time (document no. 40) is granted. The plaintiff

shall file his response to the defendant's motion for summary judgment on or before January 11, 2010.

SO ORDERED.

____________________________ Joseph A. DiClerico, Jr. United States District Judge December 10, 2009 cc: Harry C. Batchelder, Jr., Esquire Stephen D. Fuller, Esquire Elizabeth C. Woodcock, Esquire

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