(HC) Fleurissaint v. Rios, No. 1:2009cv00572 - Document 17 (E.D. Cal. 2010)

Court Description: ORDER Of The Court GRANTING Sua Sponte a Final Extension of Time to File Objections to 12 FINDINGS and RECOMMENDATIONS, signed by Magistrate Judge Sheila K. Oberto on 10/18/2010. (Objections to F&R due by 11/22/2010) (Marrujo, C)
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(HC) Fleurissaint v. Rios Doc. 17 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 WINDZER FLEURISSAINT, 11 Petitioner, 12 13 14 v. H. A. RIOS, JR., Warden, 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv—00572-OWW-SKO-HC ORDER OF THE COURT GRANTING SUA SPONTE A FINAL EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS TO DISMISS THE PETITION (Doc. 13) DEADLINE FOR OBJECTIONS: THIRTY (30) DAYS AFTER THE DATE OF SERVICE OF THIS ORDER 17 Petitioner is a federal prisoner proceeding with a petition 18 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. 19 The Court has previously granted Petitioner’s request for an 20 extension of time to file objections to findings and 21 recommendations to dismiss the petition.1 The findings and 22 recommendations were filed on June 28, 2010, and were served on 23 Petitioner. It appears that Petitioner was relocated twice after 24 the filing of the findings and recommendations. Petitioner filed 25 a notice of change of address on September 23, 2010, indicating 26 27 28 1 Although Petitioner styled his request as one to respond to Defendant’s motion to dismiss, the Respondent has not filed a motion to dismiss; rather, the findings and recommendations were filed by the Court. 1 Dockets.Justia.com 1 that he is now housed in the United States Penitentiary at 2 Florence, Colorado. 3 memorandum from a counselor informing the Court that Petitioner 4 had been without his legal property until September 16, 2010, 5 when he received his legal property. 6 On October 8, 2010, the Court received a Because of these circumstances, the Court on its own motion 7 GRANTS to Petitioner a final extension of time to file objections 8 to the findings and recommendations filed on June 28, 2010. 9 Petitioner MAY FILE no later than thirty days after the date 10 of service of this order objections to the findings and 11 recommendations. 12 Respondent may file a reply to the objections no later than 13 fourteen days after the date any objections are filed by 14 Petitioner. 15 16 IT IS SO ORDERED. 17 Dated: ie14hj October 18, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2