Smith # 036085 v. Ryan et al

Filing 22

ORDER granting 21 Petitioner's Unopposed Motion for Extension of Time to File Habeas Petition. Petitioner shall file a Petition for Writ of Habeas Corpus no later than December 14, 2012. Respondents shall file an Answer no later than February 12, 2013. See PDF document for details. Signed by Senior Judge Paul G Rosenblatt on 9/26/12.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Joe Clarence Smith,
Petitioner,
vs.
Charles L. Ryan, et al.,

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Respondents.

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No. CV-12-00318-PHX-PGR
DEATH PENALTY CASE

ORDER

Before the Court is Petitioner’s motion to continue the briefing schedule in this matter.
In its scheduling order, the Court indicated that, absent circumstances beyond counsel’s
control justifying a continuance, the parties shall adhere to the deadlines set forth therein.
The motion states that lead counsel Michael Burke learned on September 11, 2012, that he
would be participating in a post-conviction evidentiary hearing in a federal death penalty
case in October and December, 2012. The Court finds this sufficient to establish good cause
for the requested continuance. However, the Court again cautions that it expects both parties
to adhere to the briefing schedule, regardless of obligations in other cases. Absent
extraordinary circumstances, the deadlines set forth below will not be further modified.
Based on the foregoing,
IT IS ORDERED that Petitioner’s Unopposed Motion for Extension of Time to File
Habeas Petition (Doc. 21) is granted. The briefing schedule is reset as follows:
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Petitioner shall file a Petition for Writ of Habeas Corpus no later than

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December 14, 2012.

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2.

Respondents shall file an Answer no later than February 12, 2013.

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3.

Petitioner shall file a Reply no later than March 14, 2013.

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4.

Any motion for evidentiary development shall be filed no later than April 4,

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2013.
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A response to any motion for evidentiary development shall be filed no later
than April 25, 2013.

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A reply to any response to a motion for evidentiary development shall be filed

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no later than May 6, 2013.

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DATED this 26th day of September, 2012.

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