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Patrick Joseph Mccabe v. United States of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 11, 2011

PATRICK JOSEPH MCCABE,
PETITIONER.
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER SEEKING GOVERNMENT'S RESPONSE TO PETITIONER'S EX PARTE MOTION (re: dkt. #2)

United States District Court For the Northern District of California

On February 22, 2011, the Honorable Nandor J. Vadas granted the United States government's request for a certificate of extradition with respect to Petitioner. See Dkt. #75 in In 18 the Matter of the Extradition of Patrick McCabe, Case Number 10-XR-90622-NKV ("Extradition Order"). On March 3, 2011, Petitioner filed a petition for a writ of habeas corpus before this Court.

On March 11, 2011, Petitioner filed an ex parte motion seeking a stay of surrender pending review of the Extradition Order in habeas corpus proceedings. See Dkt. #2. Before ruling on this motion, the Court seeks a response by the United States.

Accordingly, the United States shall file a response to Petitioner's motion by Wednesday, March 15, 2011. Petitioner may file a brief Reply on Thursday, March 16, 2011. As counsel for the United States has not yet appeared, counsel for Petitioner shall serve this Order on the United States and file proof of service with the Court by 11:00 a.m., Monday, March 14, 2011.

IT IS SO ORDERED.

United States District Court For the Northern District of California

20110311

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