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Smith v. Mendoza-Power

United States District Court, E.D. California
May 28, 2008
No. CIV S-05-1276 JKS EFB P (E.D. Cal. May. 28, 2008)

Opinion

No. CIV S-05-1276 JKS EFB P.

May 28, 2008


ORDER


Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. Currently before the court is the respondents' response to the April 23, 2008, order to show cause and a request for additional time to file an answer to the petition. For the reasons explained, the court discharges the order to show cause and grants respondents time to file an answer.

On February 7, 2008, the court directed respondents to file an answer to the petition. On April 23, 2008, the court found that respondents had failed to comply with this order and directed them to submit a written explanation for this omission. On May 5, 2008, respondents, through counsel, submitted their explanation and requested additional time to respond to the petition. See Fed.R.Civ.P. 6(b). With respect to the order to show cause, respondents assert that a clerical error in counsel's office caused them to miss the date by which they should have filed an answer. Counsel asserts that she never received a paper copy of this court's order to respond to the habeas petition, and therefore she did not know of her responsibility for this case. She did not place it on her calendar or do any work on the matter. The court accepts this explanation and discharges the order to show cause. Given that counsel has not worked on this case, she requires time to obtain the state court records in order to comply with this court's order to file an answer. Counsel asserts that she requires 30 days. The court grants this request.

Good cause appearing, it is ORDERED that:

1. The April 23, 2008, order to show cause is discharged; and

2. Respondents' May 5, 2008, request is granted and respondents have 30 days from the date this order is served to file and serve an answer to the petition.


Summaries of

Smith v. Mendoza-Power

United States District Court, E.D. California
May 28, 2008
No. CIV S-05-1276 JKS EFB P (E.D. Cal. May. 28, 2008)
Case details for

Smith v. Mendoza-Power

Case Details

Full title:DARREL MAURICE SMITH, SR., Petitioner, v. KATHY MENDOZA-POWER, et al.…

Court:United States District Court, E.D. California

Date published: May 28, 2008

Citations

No. CIV S-05-1276 JKS EFB P (E.D. Cal. May. 28, 2008)