Bell v. Hartley
Filing
14
ORDER signed by Magistrate Judge Dennis L. Beck on 6/7/2010 granting 12 Motion to submit supplemental brief and granting 13 Motion for Extension of time to file a response. (Filing Deadline set for 7/7/2010 for Respondents to file response). (Lundstrom, T)
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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 JAMES HARTLEY, Warden 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 Petitioner filed the instant petition for writ of habeas corpus on January 22, 2010, and 18 challenges a November 6, 2008 decision by the California Board of Parole Hearings denying him 19 parole. Respondent filed an Answer to the Petition on April 2, 2010, and Petitioner filed a 20 traverse on May 3, 2010. 21 On May 11, 2010, Petitioner requested leave to present supplemental briefing in light of 22 the Ninth Circuit's recent decision in Hayward v. Marshall, 2010 WL 1664977 (9th Cir. 2010). 23 Petitioner attached the supplemental brief to his request and applied Hayward to the facts of his 24 case. 25 In light of the recent decision in Hayward, the Court will grant Petitioner's request to 26 submit a supplemental brief and it will be considered when a determination of the merits is 27 rendered. 28 1 / [Docs. 12 & 13] v. STEVEN DALE BELL, Petitioner, 1:10-cv-00109-OWW-DLB (HC) ORDER GRANTING PETITIONER'S REQUEST TO SUBMIT A SUPPLEMENTAL BRIEF AND GRANTING RESPONDENT'S REQUEST FOR EXTENSION OF TIME TO FILE A RESPONSE
UNITED STATES DISTRICT COURT
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Respondent has requested a thirty day extension of time to respond to Petitioner's supplemental brief, if such request is granted by the Court. Having presented good cause, Respondent's request for an extension of time is GRANTED, and a response shall be filed within thirty days from the date of service of this order. IT IS SO ORDERED. Dated:
June 7, 2010
/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE
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