Souliotes v. Tilton

Filing 145

ORDER DENYING respondent's Motion for an Extension of Time (30 days) to File Objections to Findings and Recommendations, document 142 . The Court does, however, GRANT respondent an extension of time to 5/21/2012 to submit same. Order signed by Magistrate Judge Michael J. Seng on 5/3/2012. (Rooney, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE SOULIOTES,

Case No. 1:06-cv-0667 AWI MJS HC

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v.
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Petitioner, ORDER DENYING REQUEST FOR
THIRTY DAY EXTENSION OF TIME
TO FILE RESPONDENT’S
OBJECTIONS TO FINDINGS AND
RECOMMENDATIONS (ECF NO. 142);

ANTHONY HEDGPETH, et al.,
and

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Respondent.
ORDER EXTENDING UNTIL MAY 21,
2012, RESPONDENT’S DEADLINE TO
FILE OBJECTIONS TO FINDINGS AND
RECOMMENDATIONS

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On April 26, 2012, this Court issued its Findings and Recommendations in this case. (ECF

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No. 141.) The said Findings and Recommendations gave Respondent fourteen days, until May

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10, 2012, to file objections to them. On May 3, 2012, Respondent filed the instant request for a

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thirty day extension of time to file objections, based upon counsel’s other competing professional

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obligations and the length of the Findings and Recommendations.

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The Court denies the request for a thirty day extension. The Court is mindful that, as the

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Ninth Circuit Court of Appeal noted in its remand order directing an “expedited” hearing in this

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case, Petitioner is elderly. He already has served many years in prison pursuant to conviction of a
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crime of which this Court has concluded no reasonable juror would now find him guilty.

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Accordingly, the interests of justice compel the Court and the parties to proceed with all

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deliberate speed to address Petitioner’s constitutional claims and determine whether or not his

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conviction will stand.

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The Court appreciates the demands placed upon Respondent’s counsel by her other cases

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and professional responsibilities. However, she identifies no unique demands upon her time after

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May 9, 2012, nor does she address the availability of co-counsel, including co-counsel who

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appeared with her at the evidentiary hearing, to assist her.

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Recommendations are indeed lengthy, the length is devoted primarily to a recitation of applicable

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law and a summary of the voluminous evidence in the case along with a discussion of the Court’s

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analysis of and weighing of that evidence. It is the same law and the same evidence the Court

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and the parties have wrestled with throughout this case. The only truly new development facing

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Respondent is the Court’s reaction to that evidence.

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While the Findings and

For all these reasons, the Court is satisfied that allowing Respondent an extra eleven days,

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until May 21, 2012,

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to prepare objections is ample considering and balancing all the

circumstances.

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Accordingly, for the reasons set forth above, IT IS HEREBY ORDERED that the request

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for a thirty day extension of time to file respondent’s objections to Findings and

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Recommendations is DENIED. Respondent shall have until May 21, 2012 to file objections.

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IT IS SO ORDERED.

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Dated:

May 3, 2012

/s/

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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Michael J. Seng

ci4d6

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