Finlan v. Herzog

Filing 14

ORDER granting petitioner's 13 (construed) Motion for Extension of time. Respondent's Answer 11 re 9 Response to Habeas Petition is RENOTED for 8/23/2013. A copy of this Order has been mailed to petitioner today. Signed by the Honorable Mary Alice Theiler.(GB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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09 EDWARD J. FINLAN,
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Petitioner,
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v.
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ROBERT HERZOG, Superintendent,
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Respondent.
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____________________________________ )

CASE NO. C13-0789-JCC-MAT

ORDER RE: MOTION TO SET
DATE FOR TRAVERSE

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Petitioner proceeds pro se in this habeas matter pursuant to 28 U.S.C. § 2254. Now

16 before the Court is petitioner’s Motion to Set Date for Petitioner’s Traverse. (Dkt. 13.)
17 Having considered that motion, the Court ORDERS as follows:
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(1)

Petitioner requests that the Court set August 19, 2013 as the due date for his

19 response to the Answer submitted by respondent and noted for consideration on July 26, 2013.
20 (See Dkt. 9.) As set forth in the Court’s Order for Service and Answer, petitioner’s response to
21 the Answer was due to be filed on July 22, 2013, the Monday immediately preceding the Friday
22 designated for consideration of the Answer. (Dkt. 5.) However, as that date has since passed

ORDER
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01 and considering petitioner’s statement as to the need for a response, the Court construes
02 petitioner’s pending motion as a request for an extension of time to respond, and further finds
03 that request reasonable.

As such, petitioner’s motion (Dkt. 13) is GRANTED and

04 respondent’s Answer (Dkt. 9) is RENOTED for consideration on August 23, 2013. Petitioner
05 may file and serve a response to the Answer on or before August 19, 2013, and respondent may
06 file and serve a reply no later than the Friday designated for consideration.
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(2)

The Clerk is directed to send a copy of this Order to the parties and to the Hon.

08 John C. Coughenour.
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DATED this 1st day of August, 2013.

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Mary Alice Theiler
United States Magistrate Judge

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ORDER
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