Bessmertnyy v. Kirk

Opinion

1 2 3 4 5 8 9 PETR K. BESSMERTNYY, Case No.: 3:21-cv-779-L-LL

10 Petitioner,

11 v. ORDER ON EX PARTE MOTION 12 UNITED STATES OF AMERICA, (ECF 5) 13 Respondent. 14 15 Pending before the Court is an ex parte motion to continue the briefing schedule on 16 the habeas petition. (ECF 5). Respondent’s counsel miscalendared the response 17 deadline. (ECF 5-1). The requested extension will not result in undue prejudice. The 18 delay is short and will not have a significant impact on the case. There is also nothing to 19 suggest Respondent acted in bad faith. The Court therefore GRANTS the ex parte 20 motion. See Laurino v. Syringa Gen. Hosp., 279 F.3d 750, 753 (9th Cir. 2002); Hon. M. 21 James Lorenz Standing Order for Civil Cases (“the court will rule upon simple 22 administrative requests without requiring a response from the opposing party. If a party 23 intends to oppose, the party must immediately contact chambers and request an 24 opportunity to file an opposition.”) 25 /// 26 /// 27 /// 28 /// 1 Respondent has until July 9, 2021 to file and serve a response, if any, which shall 2 ||include all relevant documents. Petitioner has until August 9, 2021 to file and serve a 3 || traverse, if any. The Court will decide the matter on the papers submitted without oral 4 ||argument. See Civ. L. R. 7.1. 6 ||Dated: June 10, 2021 : 1 fee fp g H . James Lorenz, 9 United States District Judge

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