San Nicolas v. Ayers

Filing 172

ORDER GRANTING Petitioner's Unopposed 171 Motion for First Extension of Time to File Reply Memoranda Regarding 28 U.S.C. 2254(d); ORDER MODIFIYING Scheduling Order signed by District Judge Dale A. Drozd on 1/9/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODNEY JESSE SAN NICOLAS,

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Case No. 1:06-cv-00942-DAD

Petitioner,

DEATH PENALTY CASE
ORDER GRANTING PETITIONER’S
UNOPPOSED MOTION FOR FIRST
EXTENSION OF TIME TO FILE REPLY
MEMORANDA REGARDING 28 U.S.C. §
2254(d)
(Doc. No. 171)

v.
RON DAVIS, Warden of California State
Prison at San Quentin,
Respondent.

ORDER MODIFYING SCHEDULING
ORDER
(Doc. No. 156)

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Before the court is a motion by petitioner Rodney Jesse San Nicolas, through co-counsel

21 Assistant Federal Defender Harry Simon and appointed CJA counsel Wesley Van Winkle, to
22 extend the current January 16, 2018 deadline for filing any reply memoranda on the applicability
23 of 28 U.S.C. § 2254(d) to January 30, 2018. This extension of time, petitioner’s first, is
24 necessary due to counsels’ responsibilities in other cases and Mr. Van Winkle’s personal matters.
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Mr. Simon represents that counsel for respondent, Deputy Attorney General Angelo

26 Edralin, does not oppose the requested extension.
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The court finds good cause to grant petitioner’s requested first extension and thereupon

28 modify the court’s schedule in this case.
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Accordingly, petitioner’s unopposed motion for first extension of time to file and serve

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2 any reply memoranda regarding 28 U.S.C. § 2254(d) is granted to and including January 30,
3 2018.
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IT IS SO ORDERED.
Dated:

January 9, 2018
UNITED STATES DISTRICT JUDGE

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