Bessmertnyy

Bessmertnyy v. Kirk

Good Law
United States District Court, Southern District of CaliforniaJune 10, 20213:21-cv-00779California288 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 PETR K. BESSMERTNYY, Case No.: 3:21-cv-779-L-LL

Petitioner,

v.

ORDER ON EX PARTE MOTION

UNITED STATES OF AMERICA, (ECF 5)

Respondent. 14 Pending before the Court is an ex parte motion to continue the briefing schedule on the habeas petition. (ECF 5). Respondent’s counsel miscalendared the response deadline. (ECF 5-1). The requested extension will not result in undue prejudice. The delay is short and will not have a significant impact on the case. There is also nothing to suggest Respondent acted in bad faith. The Court therefore GRANTS the ex parte motion. See Laurino v. Syringa Gen. Hosp., 279 F.3d 750, 753 (9th Cir. 2002); Hon. M. James Lorenz Standing Order for Civil Cases (“the court will rule upon simple administrative requests without requiring a response from the opposing party. If a party intends to oppose, the party must immediately contact chambers and request an opportunity to file an opposition.”) 25 …

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