(HC) Ngo v. Seibel, No. 2:2017cv01815 - Document 12 (E.D. Cal. 2017)

Court Description: ORDER signed by Magistrate Judge Allison Claire on 12/20/2017 DENYING as moot petitioner's 11 motion for an extension of time to file objections and WITHDRAWING the 11/29/2017 findings and recommendations 10 . Petitioner has 30 days to file a response to the 9/5/2017 order to show cause.(Yin, K)

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(HC) Ngo v. Seibel Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KY NGO, 12 Petitioner, 13 14 No. 2:17-cv-1815 MCE AC P v. ORDER K. SEIBEL, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for 17 18 a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November 29, 2017, the undersigned 19 filed findings and recommendations that recommended that the case be dismissed for failure to 20 prosecute after petitioner failed to respond to the September 5, 2017 order to show cause. ECF 21 No. 10. Petitioner has now filed a motion for an extension of his time to object to the findings 22 and recommendations. ECF No. 11. In his motion, petitioner states that he submitted a response 23 to the order to show cause, which he believed the court was in possession of, and requests an 24 additional thirty days to re-write and submit the response in the form of objections. Id. Although 25 the court has not received petitioner’s response to the order to show cause, the November 29, 26 2017 findings and recommendations will be withdrawn in light of petitioner’s representation that 27 he did submit one. Petitioner will have thirty days to re-submit his response to the order to show 28 cause. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Petitioner’s motion for an extension of time to file objections (ECF No. 11) is denied 3 as moot. 4 2. The November 29, 2017 findings and recommendations (ECF No. 10) are withdrawn. 5 3. Petitioner shall have thirty days from the service of this order to file a response to the 6 September 5, 2017 order to show cause. 7 DATED: December 20, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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