(DP)(HC) Ervine v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DENNIS NEWTON ERVINE, No. 2:15-cv-1916 DJC SCR Petitioner, DEATH PENALTY CASE v. JEFF LYNCH, Warden, California State ORDER Prison, Sacramento, 15 Respondent.

17 Petitioner is a condemned state prisoner proceeding through counsel with a petition for a 18 writ of habeas corpus under 28 U.S.C. §2254. Before the court is respondent’s motion: (1) for an 19 extension of time to file a reply to petitioner’s opposition to respondent’s motion to dismiss, and 20 (2) to vacate the due date for respondent’s answer. (ECF No. 81.) Petitioner does not oppose the 21 extension of time but opposes the request to vacate the deadline for the answer. (ECF No. 87.) 22 Respondent’s counsel explains that an extension of time to file the reply is necessary 23 because he is on paternity leave from early August through September and because petitioner’s 24 opposition was expected to be, and is, lengthy (see ECF No. 86). The court finds good cause for 25 respondent’s unopposed request. Any reply in support of…