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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL COREY SLAUGHTER, 12 13 14 15 16 17 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) 18 19 Before the court is a motion by petitioner, through counsel, Assistant Federal Defenders 20 Jennifer Mann and Kelly Culshaw, to extend by one hundred and twenty days the current October 21 3, 2016 deadline for filing his memorandum of points and authorities on the merits of each claim 22 in the second amended petition. This extension of time, petitioner’s first, is necessary due to 23 Assistant Federal Defender Mann’s unanticipated administrative duties and responsibilities in 24 other matters and Assistant Federal Defenders Culshaw’s recent assignment to this case and 25 responsibilities in other matters. (See Doc. Nos. 112-1 & 112-2.) Counsel estimate they have 26 completed half of the work needed on the memorandum. (Id.) 27 28 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.) 1 The court finds good cause to grant petitioner’s motion and thereupon modify the court’s 1 2 May 27, 2015 scheduling order. 3 Accordingly, 4 1. Petitioner’s unopposed motion for first extension of time to file his memorandum 5 of points and authorities on the merits of each claim in the second amended 6 petition is granted to and including January 31, 2017. Respondent’s memorandum 7 in opposition shall now be filed by not later than July 31, 2017. Petitioner shall 8 file any reply memorandum by not later than January 31, 2018. 9 2. Petitioner shall file any motion for discovery, expansion of the record and/or 10 evidentiary hearing by not later than May 14, 2018. Respondent shall now file any 11 opposition by not later than July 16, 2018. Petitioner shall file any reply by not 12 later than September 10, 2018. 13 14 15 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 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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