Williams v. Wong

Filing 80

ORDER Granting Petitioner's Unopposed 79 Application for First Extension of Time to File Opening Brief; ORDER Modifying 69 Scheduling Order, signed by District Judge Dale A. Drozd on 7/19/2017. (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BOB RUSSELL WILLIAMS,

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Case No. 1:09-cv-01068-DAD-SAB

Petitioner,

DEATH PENALTY CASE
ORDER GRANTING PETITIONER’S
UNOPPOSED APPLICATION FOR FIRST
EXTENSION OF TIME TO FILE OPENING
BRIEF

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

(Doc. No. 79)

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ORDER MODIFYING SCHEDULING
ORDER

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(Doc. No. 69)

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Before the court is a motion by petitioner Bob Russell Williams, through his counsel

21 Assistant Federal Defender Harry Simon and appointed CJA counsel Tim Brosnan, to extend the
22 current August 22, 2017 deadline for filing his opening brief on the applicability of 28 U.S.C. §
23 2254(d) to all claims in the petition to November 20, 2017. This extension of time, petitioner’s
24 first, is necessary due to unanticipated events in other cases being handled by counsel as well as
25 other circumstances as explained in the motion.
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Attorney Brosnan represents in the pending motion that on July 14, 2017, counsel for

27 respondent, Deputy Attorney General Craig Meyers, was advised of the instant extension request
28 and stated his non-opposition to it.
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The court finds good cause to grant petitioner’s requested first extension and thereupon

2 modify the court’s schedule for briefing in this case.
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Accordingly,

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1.

Petitioner’s unopposed motion for a first extension of time to file and serve his

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opening brief on the applicability of 28 U.S.C. § 2254(d) to all claims in the

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petition is granted to and including November 20, 2017.

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2.

petition shall be filed and served by not later than November 20, 2018.

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Respondent’s brief on the application of 28 U.S.C. § 2254(d) to all claims in the

3.

Petitioner’s reply brief on the application of 28 U.S.C. § 2254(d) to all claims in
the petition shall be filed and served by not later than May 23, 2019.

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IT IS SO ORDERED.
Dated:

July 19, 2017
UNITED STATES DISTRICT JUDGE

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