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Rosamver Pacheco-Larios v. United States of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


January 23, 2013

ROSAMVER PACHECO-LARIOS
PETITIONER,
v.
UNITED STATES OF AMERICA,
RESPONDENT.

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

United States District Court For the Northern District of California

ORDER GRANTING UNITED STATES' MOTION FOR 45-DAY EXTENSION

Petitioner Rosamver Pacheco-Larios ("Petitioner"), a prisoner in federal custody, has filed a Motion to Vacate, Set Aside, or Correct a Sentence pursuant to 28 U.S.C. § 2255 ("Motion"). On 19 November 19, 2012, this Court ordered Respondent United States of America ("Respondent") to 20 file, by December 19, 2012, an answer or other response to the Motion. 21

On January 18, 2013, Respondent submitted a motion requesting a 45 day extension of time 22 to respond to Petitioner's Motion. See ECF Nos. 20, 20-1. In Respondent's motion requesting an 23 extension, Respondent states that the Assistant United States Attorney who was previously 24 assigned to Petitioner's case, Suzanne DeBerry, left the United States Attorney's Office before the 25 Court's Order directing Respondent to answer was filed, and that the case was not reassigned to 26 another AUSA. See ECF No. 20. As a result, Respondent did not become aware of the Court's 27 Order until last week. See id. Respondent also states that, because Petitioner's file is closed, 28 Respondent will need time to recover the file. See id. Respondent therefore requests that Respondent be permitted a 45 day extension to file its response. Id. Good cause appearing, the 2 Court extends Respondent's deadline to respond to Petitioner's Motion to March 9, 2013. 3

IT IS SO ORDERED.

20130123

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