San Nicolas v. Ayers

Filing 141

ORDER GRANTING Respondent's Unopposed 140 Application to Modify Scheduling Order signed by Magistrate Judge Stanley A. Boone on 3/13/2015. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 RODNEY JESSE SAN NICOLAS, 13 14 15 16 17 Petitioner, v. KEVIN CHAPPELL, as Warden of San Quentin State Prison, Case No. 1:06-cv-00942-LJO-SAB DEATH PENALTY CASE ORDER GRANTING RESPONDENT’S UNOPPOSED APPLICATION TO MODIFY SCHEDULING ORDER (ECF No. 140) Respondent. 18 19 20 21 22 Before the Court is Respondent’s application (ECF No. 140), seeking to modify the 23 Court’s February 6, 2015 scheduling order (ECF No. 139), by extending time to answer the 24 Petition and for the parties to file a joint statement regarding further scheduling. Respondent 25 states Petitioner’s non-opposition to the application. 26 For good cause shown, it is HEREBY ORDERED that Respondent’s application is 27 GRANTED in part. Since it took Respondent over 2 weeks to assign new counsel after the 28 Court’s order of February 6 without any explanation, the answer shall be filed no later than July 1 1 22, 2015 and the joint statement shall be filed not later than August 24, 2015. The Court’s 2 February 6, 2015 order otherwise continues unchanged. Respondent is advised that no further extensions will be granted, even if new and/or 3 4 different counsel were subsequently assigned to the case. 5 6 IT IS SO ORDERED. 7 Dated: March 13, 2015 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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