Slaughter v. Stokes
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MICHAEL COREY SLAUGHTER,
RON DAVIS, Warden of San Quentin
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)
ORDER MODIFYING SCHEDULING
(Doc. No. 109)
Before the court is a motion by petitioner, through counsel, Assistant Federal Defenders
Jennifer Mann and Kelly Culshaw, to extend by one hundred and twenty days the current October
3, 2016 deadline for filing his memorandum of points and authorities on the merits of each claim
in the second amended petition. This extension of time, petitioner’s first, is necessary due to
Assistant Federal Defender Mann’s unanticipated administrative duties and responsibilities in
other matters and Assistant Federal Defenders Culshaw’s recent assignment to this case and
responsibilities in other matters. (See Doc. Nos. 112-1 & 112-2.) Counsel estimate they have
completed half of the work needed on the memorandum. (Id.)
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.)
The court finds good cause to grant petitioner’s motion and thereupon modify the court’s
May 27, 2015 scheduling order.
Petitioner’s unopposed motion for first extension of time to file his memorandum
of points and authorities on the merits of each claim in the second amended
petition is granted to and including January 31, 2017. Respondent’s memorandum
in opposition shall now be filed by not later than July 31, 2017. Petitioner shall
file any reply memorandum by not later than January 31, 2018.
Petitioner shall file any motion for discovery, expansion of the record and/or
evidentiary hearing by not later than May 14, 2018. Respondent shall now file any
opposition by not later than July 16, 2018. Petitioner shall file any reply by not
later than September 10, 2018.
In all other regards the May 27, 2015 scheduling order shall continue in full force.
IT IS SO ORDERED.
September 15, 2016
UNITED STATES DISTRICT JUDGE
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