Slaughter v. Stokes

Filing 115

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)

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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 Petitioner, 13 14 15 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 SECOND EXTENSION OF TIME TO FILE MEMORANDUM ADDRESSING MERITS (Doc. No. 114) Respondent. 16 ORDER MODIFYING SCHEDULING ORDER (Doc. No. 109) 17 18 Before the court is a motion brought by petitioner, through counsel Assistant Federal 19 20 Defenders Jennifer Mann and Kelly Culshaw, to extend by thirty (30) days the current January 21 31, 2017 deadline for petitioner’s filing his memorandum of points and authorities on the merits 22 of each of his claims set forth in his second amended petition for federal habeas relief. According 23 to petitioner’s counsel, the requested extension of time, petitioner’s second, is necessary due to 24 counsel’s responsibilities in other matters. Counsel estimate they have completed seventy percent 25 of the work required in order to file the memorandum of points and authorities in question. 26 Assistant Federal Defender Mann also represents to the court that counsel for respondent, Deputy 27 Attorney General Ryan McCarroll, does not object to the requested extension. 28 ///// 1 1 The court finds good cause to grant petitioner a second extension of time to file his 2 memorandum of points and authorities addressing the merits of each of his claims and will 3 therefore modify the previously established briefing schedule. 4 Accordingly, 5 1. Petitioner’s unopposed motion for second extension of time to file his 6 memorandum of points and authorities addressing the merits of each claim in the 7 second amended petition is granted. Petitioner shall now file that memorandum by 8 March 2, 2017. Respondent’s memorandum in opposition shall be filed by not 9 later than August 31, 2017. Petitioner shall file any reply memorandum by not 10 11 later than March 2, 2018. 2. Petitioner shall file any motion for discovery, expansion of the record and/or 12 evidentiary hearing by not later than June 18, 2018. Respondent shall file any 13 opposition by not later than August 20, 2018. Petitioner shall file any reply by not 14 later than October 15, 2018. 15 3. 16 17 18 In all other regards the May 27, 2015 scheduling order shall remain in full force and effect. IT IS SO ORDERED. Dated: January 29, 2017 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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