Slaughter v. Stokes

Filing 113

ORDER Granting Petitioner's Unopposed 112 Motion for First Extension of Time to File Memorandum Addressing Merits; ORDER Modifying 109 Scheduling Order, signed by District Judge Dale A. Drozd on 9/15/2016. (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL COREY SLAUGHTER,

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

Case No. 1:05-cv-00922-DAD-SAB
DEATH PENALTY CASE
ORDER GRANTING PETITIONER’S
UNOPPOSED MOTION FOR FIRST
EXTENSION OF TIME TO FILE
MEMORANDUM ADDRESSING MERITS
(Doc. No. 112)

Respondent.
ORDER MODIFYING SCHEDULING
ORDER
(Doc. No. 109)

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Before the court is a motion by petitioner, through counsel, Assistant Federal Defenders

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Jennifer Mann and Kelly Culshaw, to extend by one hundred and twenty days the current October

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3, 2016 deadline for filing his memorandum of points and authorities on the merits of each claim

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in the second amended petition. This extension of time, petitioner’s first, is necessary due to

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Assistant Federal Defender Mann’s unanticipated administrative duties and responsibilities in

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other matters and Assistant Federal Defenders Culshaw’s recent assignment to this case and

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responsibilities in other matters. (See Doc. Nos. 112-1 & 112-2.) Counsel estimate they have

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completed half of the work needed on the memorandum. (Id.)

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Assistant Federal Defender Mann represents that counsel for respondent, Deputy Attorney
General Ryan McCarroll, does not object to the requested extension. (See Doc. No. 112-1.)
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The court finds good cause to grant petitioner’s motion and thereupon modify the court’s

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May 27, 2015 scheduling order.

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Accordingly,

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1.

Petitioner’s unopposed motion for first extension of time to file his memorandum

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of points and authorities on the merits of each claim in the second amended

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petition is granted to and including January 31, 2017. Respondent’s memorandum

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in opposition shall now be filed by not later than July 31, 2017. Petitioner shall

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file any reply memorandum by not later than January 31, 2018.

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2.

Petitioner shall file any motion for discovery, expansion of the record and/or

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evidentiary hearing by not later than May 14, 2018. Respondent shall now file any

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opposition by not later than July 16, 2018. Petitioner shall file any reply by not

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later than September 10, 2018.

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3.

In all other regards the May 27, 2015 scheduling order shall continue in full force.

IT IS SO ORDERED.
Dated:

September 15, 2016
UNITED STATES DISTRICT JUDGE

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