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Erb v. Yates

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 12, 2008

MICHAEL ERB, PETITIONER,
v.
JAMES A. YATES, ET AL., RESPONDENTS.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On October 17, 2008, petitioner requested a second extension of time to file and serve response to respondent's August 8, 2008, motion to dismiss. See Fed. R. Civ. P. 6(b). Petitioner attaches to his request a letter from a prison official, which states that since December of 2007, the prison library has not been opened to the inmate population on a daily basis.

Good cause appearing, it is ORDERED that petitioner's October 17, 2008 request is granted and petitioner shall file and serve a response to respondent's August 8, 2008, motion to dismiss not later than sixty days after service of this order.*fn1


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