Fuentez v. Brown, et al

Filing 116

ORDER Regarding Briefing, signed by Magistrate Judge Gary S. Austin on 4/20/2010. Petitioner is DIRECTED to file his brief within five (5) days of the date of service of this Order, or show cause why said brief has not been submitted. (Briefing Deadline: 4/27/2010) (Scrivner, E)

1 2 3 4 5 6 7 8 9 10 TOMMY FUENTEZ, 11 12 13 14 15 16 Petitioner is a state prisoner proceeding with a Petition for Writ of Habeas Corpus pursuant 17 to 28 U.S.C. § 2254. He is represented by Barry L. Morris, Esq. Respondent is represented by 18 Melissa J. Lipon, Esq., of the Office of the Attorney General for the State of California. 19 On February 17, 2010, a Telephonic Status Conference was held before the undersigned for 20 the purpose of scheduling an evidentiary hearing in this matter. With the agreement of the parties, 21 the evidentiary hearing was set for May 18, 2010. In addition, the deadline for briefing was set for 22 April 19, 2010. (See Docket Entry #113). On April 20, 2010, Respondent submitted briefing and a 23 statement of witnesses. Respondent states a timely submission was attempted but mistakenly filed in 24 a different case. To date, the Court has not received briefing from Petitioner. 25 Accordingly, Petitioner is DIRECTED to file his brief within five (5) days of the date of 26 27 28
U . S . D is t r ic t C o u r t E. D . C a lifo r n ia cd

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) FRED BROWN, ) ) Respondent. ) ____________________________________) 1:02-CV-05948 GSA HC ORDER REGARDING BRIEFING

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service of this Order, or show cause why said brief has not been submitted.1

IT IS SO ORDERED. Dated: 6i0kij

April 20, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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L o c a l Rule 110 provides: "Failure of counsel or of a party to comply with these Rules or with any order of the Court m a y be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or within the inherent power o f the Court."

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