Opinion
No. CIV S-08-0085 MCE JFM P.
May 28, 2008
ORDER
Petitioner has requested an extension of time to file and serve an opposition to respondent's April 8, 2008 motion to dismiss. Petitioner states "[t]his is no minor matter involved, but a life sentence upon an innocent man." (Request at 1.) Good cause appearing, IT IS HEREBY ORDERED that:
For an actual innocence claim, petitioner must produce reliable new evidence not admitted at trial which demonstrates that it is more likely than not that no reasonable juror would have convicted him. This evidence must be initially submitted to the court. See Schlup v. Delo, 513 U.S. 298, 326-28 (1995).
1. Petitioner's April 22, 2008 request for an extension of time is granted; and
2. Petitioner shall file and serve an opposition to respondent's motion to dismiss on or before June 15, 2008.