1 2 3 4 5 6 7 8 9 10 11 12 Deputy Warden Ryder, et al., 13 Respondents. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Currently before the Court is Petitioner's Motion for Extension of Time to File Written Objections with the Court. (Dkt.#32). Petitioner's Motion was filed on October 2, 2006, after Magistrate Judge Virginia Mathis issued her Report and Recommendation on September 18, 2006 (Dkt.#31) addressing Petitioner's Petition pursuant to 28 U.S.C. ยง 2254. Specifically, Petitioner requested an additional fifteen days to the ten days already afforded to Petitioner as directed in Magistrate Judge Mathis' Report and Recommendation. Petitioner's basis for extension cited additional time needed to obtain relevant portions of the transcript. The Court will grant Petitioner's request for extension of an additional fifteen days. Because Petitioner's request for an extension was made on October 2, 2006, it is clear that these fifteen days have already run and Petitioner has not filed any objections. However, because of Petitioner's possible mistaken belief that the instant Motion tolled the time to file any objections, the Court will grant Petitioner an additional seven days from the date this Order is filed to offer any objections to the Magistrate Judge's Report and Recommendation.
Case 2:04-cv-00376-MHM Document 33 Filed 01/09/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Bruce Lee Scott, Petitioner, vs.
) ) ) ) ) ) ) ) ) ) ) )
No. CIV 04-0376-PHX-MHM (VAM) ORDER
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Accordingly, IT IS HEREBY ORDERED granting Petitioner's Motion for Extension of Time to File Written Objections with the Court. (Dkt.#32). IT IS FURTHER ORDERED that Petitioner is granted an additional seven days from the date this Order is filed to offer any objections to the Magistrate Judge's Report and Recommendation. DATED this 8th day of January, 2007.
-2Case 2:04-cv-00376-MHM Document 33 Filed 01/09/2007 Page 2 of 2