-KJN (HC) Tunstall v. CDCR - Extradition Unit, No. 2:2011cv01816 - Document 9 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 9/7/11 GRANTING 8 Motion for Extension of Time; Petitioner shall file objections to the 7/27/11 findings and recommendations within 30 days from the date of this order; and Clerk of the Court is directed to re-serve a copy of the 7/27/11 findings and recommendations on petitioner at his address of record.(Dillon, M)

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-KJN (HC) Tunstall v. CDCR - Extradition Unit Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LEE TUNSTALL, JR., 11 Petitioner, 12 13 No. 2:11-cv-1816 KJM KJN P vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 14 15 Respondents. 16 ORDER / 17 On August 30, 2011, petitioner filed a letter to the Clerk of Court, containing the 18 instant case number and the case number for 2:11-cv-1730 WBS DAD P. Petitioner appears 19 confused as to in which case he needs an extension of time, and states that all of his legal 20 materials were taken from him. On July 27, 2011, this court issued findings and 21 recommendations recommending that the application for writ of habeas corpus be dismissed 22 based on petitioner’s failure to exhaust state remedies. Petitioner’s objections were due twenty- 23 one days thereafter. No objections have been filed. Accordingly, the court construes petitioner’s 24 August 30, 2011 filing as a request for extension of time to file objections. Good cause 25 appearing, IT IS HEREBY ORDERED that: 26 //// 1 Dockets.Justia.com 1 2 1. Petitioner’s August 30, 2011 request for extension of time (dkt. no. 8) is granted; 3 4 2. Petitioner shall file objections to the July 27, 2011 findings and recommendations within thirty days from the date of this order; and 5 3. The Clerk of the Court is directed to re-serve a copy of the July 27, 2011 6 findings and recommendations on petitioner at his address of record. 7 DATED: September 7, 2011 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 12 13 cw; tuns1816.111 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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