(HC) Dotson v. Kramer, No. 2:2006cv02251 - Document 43 (E.D. Cal. 2009)

Court Description: ORDER signed by Magistrate Judge Charlene H. Sorrentino on 7/22/09 ORDERING that Petitioner's 7/20/09 MOTION for the Court to serve a copy of the 3/16/09 Findings and Recommendations 41 is DENIED as unnecessary; Petitioner's additional request for an extension of time to file his objections to the Findings and Recommendations is GRANTED. Petitioner's objections must be filed within 30 days of service of the 3/16/09, Findings and Recommendations. (Mena-Sanchez, L)

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(HC) Dotson v. Kramer Doc. 43 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLOPHER DOTSON, 11 Petitioner, 12 vs. 13 No. CIV S-06-2251 FCD CHS P M. C. KRAMER, 14 Respondent. 15 16 ORDER / Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas 17 corpus brought pursuant to 18 U.S.C. § 2254. On July 10, 2009, this court vacated it’s order and 18 judgment denying his petition in order to allow him the opportunity to file written objections to 19 the magistrate judge’s findings and recommendations which he had not been served with due to a 20 mailing error by the court. 21 In a motion filed on July 20, 2009, petitioner states that he still has not received a 22 copy of the March 16, 2009 findings and recommendations and requests the court to serve him 23 with a copy. He also requests an extension of time to allow him to file his objections within 30 24 days after being served with the findings and recommendations. The docket for this case reflects 25 that the March 16, 2009 findings and recommendations were finally served on petitioner on July 26 1 Dockets.Justia.com 1 21, 2009. Accordingly, petitioner’s July 20, 2009 motion for the court to serve a copy of the 2 findings and recommendations will be denied as unnecessary. Petitioner’s additional request for 3 an extension of time to file his objections will be allowed. 4 IT IS HEREBY ORDERED that: 5 1. Petitioner’s July 20, 2009 motion for the court to serve a copy of the March 16, 6 7 2009 findings and recommendations is DENIED as unnecessary; and 2. Petitioner’s additional request for an extension of time to file his objections to 8 the findings and recommendations is GRANTED. Petitioner’s objections must be filed within 30 9 days of service of the March 16, 2009 findings and recommendations. 10 11 12 DATED: July 22, 2009 CHARLENE H. SORRENTINO UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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