Lopez, et al v. Ryan, et al

Filing 147

AMENDED by (Doc. 148 ) ORDER granting 145 Motion for Extension of Time to File Supplemental Briefing. Petitioner shall file his supplemental brief no later than no later than September 28, 2012. Respondents shall file a response no later than No vember 27, 2012. Petitioner shall file a reply no later than December 17, 2012. It is further ORDERED that no further extensions of time to file the supplemental brief will be granted absent a showing of extraordinary circumstances with respect to this case. Signed by Judge Cindy K Jorgenson on 6/26/12. (KAH) Modified on 6/26/2012 (KAH).

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 George M. Lopez, Petitioner, 10 11 12 v. Dora B. Schriro, et al., 13 Respondents. 14 15 16 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-97-224-TUC-CKJ DEATH PENALTY CASE ORDER Before the Court is Petitioner’s Unopposed Motion for Extension of Time. (Doc. 145.) The motion seeks a 90-day extension of time for the supplemental briefing ordered by this Court on May 1, 2012, following remand from the Ninth Circuit. The Court will permit the requested extension but cautions counsel that further continuances are disfavored. From its review of the ineffectiveness claims raised in the amended petition that were found to be procedurally defaulted, the Court concludes that the 21 22 23 24 25 26 27 28 additional 90 days provided herein, in addition to the 90 days initially provided, should suffice for alleging facts and legal authority in support of the claims. Accordingly, IT IS ORDERED that Petitioner’s Unopposed Motion for Extension of Time (Doc. 145) is GRANTED. The briefing schedule is reset as follows: 1. Petitioner shall file his supplemental brief no later than no later than September 28, 2012. 1 2 2. No later than November 27, 2012, Respondents shall file a response to Petitioner’s supplemental brief. 3 3. 4 IT IS FURTHER ORDERED that no further extensions of time to file the 5 supplemental brief will be granted absent a showing of extraordinary circumstances with 6 respect to this case. 7 No later than December 17, 2012, Petitioner shall file a reply. DATED this 26th day of June, 2012. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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