Holt v. Brown, et al

Filing 313

ORDER Granting Petitioner's Unopposed 312 Motion for Modification of 311 Scheduling Order, signed by District Judge Dale A. Drozd on 2/12/2018. (Each party shall file and serve its closing brief by not later than 4/30/2018, and each party shall file and serve its rebuttal brief by not later than 5/30/2018.) (Gaumnitz, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN LEE HOLT,

12
13
14

Petitioner,
v.
RON DAVIS, Warden Of San Quentin State
Prison,

Case No. 1:97-cv-06210-DAD
DEATH PENALTY CASE
ORDER GRANTING PETITIONER’S
UNOPPOSED MOTION FOR
MODIFICATION OF SCHEDULING ORDER
FOLLOWING EVIDENTIARY HEARING

15
Respondent.
16
17
18

Before the court is a motion by petitioner John Lee Holt, through co-counsel Assistant

19 Federal Defender Jennifer Mann and appointed CJA counsel Robert Myers, to extend the current
20 March 1, 2018 deadline for filing post-hearing briefs to April 30, 2018 and to extend the current
21 April 2, 2018 deadline for filing rebuttal briefs to May 30, 2018. This request to modify the
22 briefing schedule, petitioner’s first, is necessary due to counsel’s responsibilities in other matters.
23

Petitioner’s counsel represent that counsel for respondent, Deputy Attorney General Sean

24 McCoy, does not object to the requested briefing schedule modification.
25

The court finds good cause to grant petitioner’s requested extension of time and

26 thereupon modify the court’s schedule in this case.
27

Accordingly, petitioner’s unopposed motion to modify the post-hearing briefing schedule

28 (Doc. No. 312) is granted such that each party shall file and serve its closing brief by not later
1

1 than April 30, 2018 and each party shall file and serve its rebuttal brief by not later than May 30,
2 2018. The December 13, 2017 scheduling order (Doc. No. 311) shall otherwise remain in full
3 force and effect.
4
5
6

IT IS SO ORDERED.
Dated:

February 12, 2018
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2