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noting that court must first determine whether state court denied habeas petition as untimely - if so, that is the end of the matter for purposes of statutory tolling; if state court did not expressly deny habeas petition as untimely, then federal court must independently determine whether request for state court collateral review was within reasonable time; citing Evans
Summary of this case from Chavez v. LewisOpinion
1:08-cv-01048 AWI TAG (HC).
January 16, 2009
DEADLINE: FEBRUARY 12, 2009
ORDER GRANTING RESPONDENT'S SECOND REQUEST FOR EXTENSION OF TIME TO FILE A MOTION TO DISMISS (DOCUMENT #25)
On January 13, 2009, respondent filed a request for an extension of time to file a motion to dismiss or an answer. Good cause having been presented to the Court and GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED that:
Respondent shall file a motion to dismiss or an answer by February 12, 2009.
IT IS SO ORDERED.