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Jackson v. Horel

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


January 26, 2010

KEVIN JACKSON, PETITIONER,
v.
ROBERT A. HOREL, ET AL., RESPONDENT.

ORDER

On November 24, 2009, this Court denied petitioner's pro se application for writ of habeas corpus brought pursuant to 28 U.S.C. §§ 2254. Petitioner had 30 days to timely file a notice of appeal.

On January 20, 2010, petitioner filed a notice of appeal and an accompanying motion requesting leave of court to file a late appeal. Petitioner states that was physically assaulted by another inmate and placed in Administrative Segregation for a period of time without his legal property.

Petitioner has shown excusable neglect for the late filing of his notice of appeal. Pursuant to Fed. R. App. P. (5)(A)(i), a 30 day extension of time will be granted and petitioner's January 20, 2010 notice of appeal will be deemed timely filed.

Accordingly, IT IS HEREBY ORDERED THAT:

1. Petitioner's January 20, 2010 motion requesting leave of court to file a late notice of appeal is granted, and the deadline for petitioner's notice of appeal is extended by 30 days; and

2. Petitioner's notice of appeal filed on January 20, 2010 is deemed timely filed.

20100126

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