(HC) Jason Saunders v. C. Medina, et al Doc.

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Case 1:07-cv-00605-ALA Document 13 Filed 12/14/2007 Page 1 of 2

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8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10 JASON SAUNDERS,
11 Petitioner, No. 1:07-CV-00605 ALA HC
12 vs.
13 C. MEDINA, et al.,
14 Respondents. ORDER
15 /
16 Petitioner Jason Saunders is a state prisoner proceeding pro se with a petition for writ of
17 habeas corpus pursuant to 28 U.S.C. § 2254.
18 On June 18, 2007, the Magistrate Judge assigned to this matter ordered Petitioner to show
19 cause within thirty days as to why this petition should not be dismissed because the claims were
20 not presented to the state’s highest court. On July 5, 2007, Petitioner requested an extension of
21 time to respond. Petitioner was granted until September 25, 2007, to respond. Petitioner failed
22 to do so. On November 19, 2007, this court dismissed the petition.
23 On December 7, 2007, Petitioner filed a motion for reconsideration. Petitioner claims
24 that he mailed a motion for an extension of time to respond to the court on September 20, 2007.
25 That motion was not received by the court. However, good cause appearing, Petitioner’s motion
26 for reconsideration will be granted.
27 Therefore, IT IS HEREBY ORDERED that
28 1. The court’s November 15, 2007, order dismissing the petition is VACATED;

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 Case 1:07-cv-00605-ALA Document 13 Filed 12/14/2007 Page 2 of 2

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2 2. Petitioner is granted thirty-five (35) days from the date of this order to respond
3 to the court’s June 19, 2007, order to show cause.
4 /////
5 DATED: December 13, 2007
6 /s/ Arthur L. Alarcón
UNITED STATES CIRCUIT JUDGE
7 Sitting by Designation
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