Slaughter v. Stokes
ORDER Granting Petitioner's Unopposed 114 Motion for Second Extension of Time to File Memorandum Addressing Merits; ORDER Modifying 109 Scheduling Order, signed by District Judge Dale A. Drozd on 1/29/2017. (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 SECOND
EXTENSION OF TIME TO FILE
MEMORANDUM ADDRESSING MERITS
(Doc. No. 114)
ORDER MODIFYING SCHEDULING
(Doc. No. 109)
Before the court is a motion brought by petitioner, through counsel Assistant Federal
Defenders Jennifer Mann and Kelly Culshaw, to extend by thirty (30) days the current January
31, 2017 deadline for petitioner’s filing his memorandum of points and authorities on the merits
of each of his claims set forth in his second amended petition for federal habeas relief. According
to petitioner’s counsel, the requested extension of time, petitioner’s second, is necessary due to
counsel’s responsibilities in other matters. Counsel estimate they have completed seventy percent
of the work required in order to file the memorandum of points and authorities in question.
Assistant Federal Defender Mann also represents to the court that counsel for respondent, Deputy
Attorney General Ryan McCarroll, does not object to the requested extension.
The court finds good cause to grant petitioner a second extension of time to file his
memorandum of points and authorities addressing the merits of each of his claims and will
therefore modify the previously established briefing schedule.
Petitioner’s unopposed motion for second extension of time to file his
memorandum of points and authorities addressing the merits of each claim in the
second amended petition is granted. Petitioner shall now file that memorandum by
March 2, 2017. Respondent’s memorandum in opposition shall be filed by not
later than August 31, 2017. Petitioner shall file any reply memorandum by not
later than March 2, 2018.
Petitioner shall file any motion for discovery, expansion of the record and/or
evidentiary hearing by not later than June 18, 2018. Respondent shall file any
opposition by not later than August 20, 2018. Petitioner shall file any reply by not
later than October 15, 2018.
In all other regards the May 27, 2015 scheduling order shall remain in full force
IT IS SO ORDERED.
January 29, 2017
UNITED STATES DISTRICT JUDGE
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