Weaver v. Woodford

Filing 167

ORDER GRANTING IN PART 165 Motion TO Modify the Briefing Schedule, signed by Magistrate Judge Stanley A. Boone on 05/01/14. (60-Day Deadline) (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WARD FRANCIS WEAVER, JR.,

Case No. 1:02-cv-05583-AWI-SAB

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v.

Petitioner, ORDER GRANTING IN PART
REQUEST TO MODIFY BRIEFING
SCHEDULE

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KEVIN CHAPPELL, as Warden of San
Quentin State Prison,

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Respondent.
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On May 1, 2014, Respondent filed a request for an extension of 120 days to file an
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opposing brief. Petitioner filed his application for a stay of execution on May 17, 2002. (ECF
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No. 1.) The action was held in abeyance from May 30, 2003 to June 1, 2010 to allow for
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exhaustion of state remedies. (ECF Nos. 34, 121.)
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The Fresno Division of the Eastern District of California now has the heaviest District
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Judge caseload in the entire nation. Due to the Court’s impacted docket of both criminal and civil

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cases and the four years since this case has been available for the court to consider, the Court
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finds it appropriate to move this action forward. This Court is also busy but must move cases
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forward.

Upon review of the record in this action, the parties have continually requested

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extensions of time to comply with filing deadlines. The Court is cognizant of the seriousness of
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[Proposed] Order (1:02-cv-05583-AWI-SAB)

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the issues raised in this action and the time involved in preparing and responding to motions,

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however at this juncture, the Court declines to extend the deadline by an additional 120 days. The

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Court finds good cause to grant Respondent a sixty day extension of time to file an opposition.

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Based on the foregoing, IT IS HEREBY ORDERED that the Request to Modify the

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Briefing Schedule is GRANTED IN PART and respondent shall have an additional sixty (60)

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days, up to July 7, 2014 for Respondent to file an opposing brief. No further extension will be

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entertained.

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IT IS SO ORDERED.
Dated:

May 1, 2014
UNITED STATES MAGISTRATE JUDGE

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[Proposed] Order (1:02-cv-05583-AWI-SAB)