Free Order on Motion for Extension of Time to File - District Court of California - California

Case 3:07-cv-02216-JAH-BLM

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Filed 08/11/2008

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1 2 3 4 5 6 7 8 9 10 11 12 v. 13 TOMMY FELKER, Warden, et al., 14 Respondents. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In an application dated July 22, 2008, Petitioner requests a thirty-day enlargement of time in which to file his traverse. 13. Doc. No. MARK A. HARRIS, Petitioner, ) ) ) ) ) ) ) ) ) ) Case No. 07cv2216-JAH (BLM) ORDER GRANTING PETITIONER'S EX PARTE APPLICATION FOR AN EXTENSION OF TIME [Doc. No. 13] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Petitioner explains in his attached declaration that he was unable

to access the law library for several weeks and, for that reason, could not timely complete his traverse. Good cause appearing, Id. at 2. application is GRANTED.

Petitioner's

Petitioner may file a traverse to matters raised in the answer no later than September 2, 2008. Any traverse by Petitioner (a) shall state

whether Petitioner admits or denies each allegation of fact contained in the answer; (b) shall be limited to facts or arguments responsive to matters raised in the answer; and (c) shall not raise new grounds for relief that were not asserted in the Petition. Grounds for relief

07cv2216-JAH (BLM)

Case 3:07-cv-02216-JAH-BLM

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Filed 08/11/2008

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withheld until the traverse will not be considered.

No traverse shall

exceed ten (10) pages in length absent advance leave of Court for good cause shown. Unless otherwise ordered by the Court, this case shall be deemed submitted on the day following the date Petitioner's traverse is due. Every document delivered to the Court must include a certificate of service attesting that a copy of such document was served on opposing counsel (or on the opposing party, if such party is not represented by counsel). Any document delivered to the Court without a certificate of

service will be returned to the submitting party and disregarded by the Court. Petitioner is hereby warned that no further extensions of time will be granted. IT IS SO ORDERED. DATED: August 11, 2008

BARBARA L. MAJOR United States Magistrate Judge

COPY TO: HONORABLE JOHN A. HOUSTON U.S. DISTRICT JUDGE ALL COUNSEL

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07cv2216-JAH (BLM)