Opinion
No. C 12-1617 LHK (PR)
10-24-2012
PEDRO CRUZ, Petitioner, v. WARDEN G.D. LEWIS, Respondent.
ORDER DENYING MOTION FOR
EXTENSION OF TIME TO FILE
(Docket No. 9.)
Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion an extension of time to file a "reply" to Respondent's answer to his petition for writ of habeas corpus. On October 1, 2012, Petitioner filed a timely "reply". See Houston v. Lack, 487 U.S. 266, 275-76 (1988) (concluding that the date upon which a pro se prisoner hands over his notice of appeal to prison authorities is the date of filing); Faile v. Upjohn Co., 988 F.2d 985, 988 (9th Cir. 1993) (applying the "mailbox rule" to other civil filing deadlines), overruled on other grounds by McDowell v. Calderon, 197 F.3d 1253 (9th Cir. 1999). The Court construes Petitioner's "reply" as a traverse. Petitioner's request for an extension of time is DENIED as unnecessary.
This order terminates docket number 9.
IT IS SO ORDERED.
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LUCY H. KOH
United States District Judge