(HC) Greene v. Haviland, No. 2:2010cv02433 - Document 12 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 1/26/2011 ORDERING that the 10 findings and recommendations are VACATED; and ptnr's 11 request for an extension of time is DENIED as unnecessary. (Yin, K)

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(HC) Greene v. Haviland Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL GREENE, 11 Petitioner, 12 vs. 13 No. CIV S-10-2433 LKK DAD P J.W. HAVILAND, 14 Respondent. 15 ORDER / 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas 17 corpus pursuant to 28 U.S.C. § 2254. On December 13, 2010, the court filed findings and 18 recommendations recommending that this action be dismissed due to petitioner’s failure to file a 19 new application to proceed in forma pauperis. On January 4, 2011, petitioner filed a request for 20 an extension of time to file his objections to the findings and recommendations. However, court 21 records indicate that on January 11, 2011, the filing fee was paid for this case. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. The findings and recommendations, filed on December 13, 2010, are vacated; 24 and 25 ///// 26 ///// 1 Dockets.Justia.com 1 2. Petitioner’s January 4, 2011 request for an extension of time (Doc. No. 11) is 2 denied as unnecessary. 3 DATED: January 26, 2011. 4 5 6 7 DAD:4 gree2433.vac 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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