(HC) Capps v. Ciolli ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DENNIS CAPPS, Case No. 1:20-cv-00766-AWI-SAB-HC 12 Petitioner, ORDER GRANTING RESPONDENT’S MOTION FOR EXTENSION OF TIME 13 v. 14 CIOLLI, (ECF No. 8) 15 Respondent. 16 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2241. 19 On August 19, 2020, Respondent filed a motion to stay the instant proceedings pending 20 resolution of en banc proceedings in Allen v. Ives, 950 F.3d 1189 (9th Cir. 2020). In the 21 alternative, Respondent moved to extend the time for filing a response to the petition to October 22 16, 2020. (ECF No. 8). Petitioner has not filed any opposition to the motion, and the time for 23 doing so has passed. 24 On September 22, 2020, the Ninth Circuit denied the petition for rehearing en banc in 25 Allen v. Ives. See Allen v. Ives, No. 18-35001, 2020 WL 5639693 (9th Cir. Sept. 22, 2020). 26 /// 27 /// UV EIA SPAS MUI OO ee OY eve 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Respondent’s motion for extension of time (ECF No. 8) is GRANTED; and 3 2. Respondent shall file a response to the petition by October 16, 2020. 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ September 30, 2020 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28