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Fleurissaint v. Rios

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 18, 2010

WINDZER FLEURISSAINT, PETITIONER,
v.
H. A. RIOS, JR., WARDEN, RESPONDENT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER OF THE COURT GRANTING SUA SPONTE A FINAL EXTENSION OF TIME TO FILE OBJECTIONS TO FINDINGS AND RECOMMENDATIONS TO DISMISS THE PETITION (Doc. 13) DEADLINE FOR OBJECTIONS: THIRTY (30) DAYS AFTER THE DATE OF SERVICE OF THIS ORDER

Petitioner is a federal prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

The Court has previously granted Petitioner's request for an extension of time to file objections to findings and recommendations to dismiss the petition.*fn1 The findings and recommendations were filed on June 28, 2010, and were served on Petitioner. It appears that Petitioner was relocated twice after the filing of the findings and recommendations. Petitioner filed a notice of change of address on September 23, 2010, indicating that he is now housed in the United States Penitentiary at Florence, Colorado. On October 8, 2010, the Court received a memorandum from a counselor informing the Court that Petitioner had been without his legal property until September 16, 2010, when he received his legal property.

Because of these circumstances, the Court on its own motion GRANTS to Petitioner a final extension of time to file objections to the findings and recommendations filed on June 28, 2010.

Petitioner MAY FILE no later than thirty days after the date of service of this order objections to the findings and recommendations.

Respondent may file a reply to the objections no later than fourteen days after the date any objections are filed by Petitioner.

IT IS SO ORDERED.


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