Slaughter v. Stokes

Filing 118

ORDER Granting Respondent's Unopposed 117 Motion for First Extension of Time to File Opposition Memorandum; ORDER Further Modifying 109 Scheduling Order, signed by District Judge Dale A. Drozd on 8/22/2017. (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 RESPONDENT’S UNOPPOSED MOTION FOR FIRST EXTENSION OF TIME TO FILE OPPOSITION MEMORANDUM (Doc. No. 117) Respondent. 16 ORDER FURTHER MODIFYING SCHEDULING ORDER (Doc. No. 109) 17 18 19 Before the court is a motion by respondent, through counsel Deputy Attorney 20 21 General Ryan B. McCarroll, to extend by thirty (30) days the current August 31, 2017 deadline 22 for filing his memorandum of points and authorities in opposition to the second amended petition. 23 This extension of time, respondent’s first, is necessary due to counsel’s responsibilities in other 24 matters. Counsel estimates ninety percent of the work needed on the memorandum has been 25 completed. Mr. McCarroll represents that counsel for petitioner, Assistant Federal Defenders Jennifer 26 27 Mann and Kelly Culshaw, do not oppose to the requested extension of time. 28 ///// 1 1 2 The court finds good cause to grant respondent’s requested first extension and thereupon further modify the court’s schedule for briefing in this case. 3 Accordingly, 4 1. Respondent’s unopposed motion for first extension of time to file his 5 memorandum of points and authorities in opposition to the second amended 6 petition is granted to and including September 30, 2017. Petitioner shall file any 7 reply memorandum by not later than April 1, 2018. 8 2. 9 Petitioner shall file any motion for discovery, expansion of the record and/or evidentiary hearing by not later than July 18, 2018. Respondent shall file any 10 opposition by not later than September 19, 2018. Petitioner shall file any reply by 11 not later than November 14, 2018. 12 3. 13 14 15 In all other respects the May 27, 2015 scheduling order shall continue in full force. IT IS SO ORDERED. Dated: August 18, 2017 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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