Slaughter v. Stokes

Filing 120

ORDER GRANTING 119 Respondent's Unopposed Motion for Second Extension of Time to File Opposition Memorandum and ORDER Further Modifying Scheduling Order signed by District Judge Dale A. Drozd on 9/26/2017. (Jessen, A)

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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 SECOND EXTENSION OF TIME TO FILE OPPOSITION MEMORANDUM (Doc. No. 119) Respondent. 16 ORDER FURTHER MODIFYING SCHEDULING ORDER (Doc. No. 109) 17 18 19 20 Before the court is respondent’s motion for a thirty (30) day extension of time of the 21 current September 30, 2017 deadline for filing the memorandum of points and authorities in 22 opposition to the second amended petition for writ of habeas corpus. This extension of time, 23 respondent’s second, is necessary due to Deputy Attorney General Ryan McCarroll’s 24 responsibilities in other matters. Deputy Attorney General McCarroll estimates that he has drafted ninety-five percent of 25 26 the opposition and represents that counsel for petitioner, Assistant Federal Defender Jennifer 27 Mann, does not oppose to the requested extension of time. 28 ///// 1 1 2 The court finds good cause to grant respondent’s second request for an extension of time and for modification of the court’s previously established briefing schedule in this case. 3 Accordingly, 4 1. Respondent’s unopposed motion for second extension of time to file the 5 memorandum of points and authorities in opposition to the second amended 6 petition is granted to and including October 30, 2017. Petitioner shall file any 7 reply memorandum by not later than May 1, 2018. 8 2. Petitioner shall file any motion for discovery, expansion of the record and/or 9 evidentiary hearing by not later than August 17, 2018. Respondent shall file any 10 opposition by not later than October 19, 2018. Petitioner shall file any reply by 11 not later than December 14, 2018. 12 13 14 3. In all other regards the May 27, 2015 scheduling order shall continue in full force. IT IS SO ORDERED. Dated: September 26, 2017 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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