Opinion
3:10-cv-00092-LRH-VPC.
June 23, 2010
ORDER
This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a Nevada state prisoner.
Respondents filed a motion to dismiss the petition on June 8, 2010. (Docket #12). Several volumes of exhibits were filed in support of the motion. (Docket #13-#19).
On June 15, 2010, the Court received a letter from petitioner in which he informs the Court that, although he received a box of exhibits in support of the pending motion to dismiss, he is not in receipt of the motion to dismiss. (Docket #21). On June 18, 2010, petitioner filed a motion for an extension of time to oppose the motion to dismiss, given that he does not have a copy of the motion. (Docket #22).
IT IS THEREFORE ORDERED that respondents SHALL SERVE petitioner with a copy of the motion to dismiss (Docket #12) and SHALL FILE with this Court a certificate of service of said motion within seven (7) days of the issuance of this order. IT IS FURTHER ORDERED that petitioner's motion for an extension of time (Docket #22) is GRANTED. Petitioner's opposition to the motion to dismiss shall be filed no later than forty-five (45) days from the date of issuance of this order.