Brown v. Yates

Filing 46

ORDER GRANTING Petitioner's 45 Request to Continue Evidentiary Hearing Schedule signed by Magistrate Judge Stanley A. Boone on 2/23/2015. Evidentiary Hearing set for 6/8/2015 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JAMES RAY BROWN,

14

ORDER GRANTING PETITIONER’S
REQUEST TO CONTINUE EVIDENTIARY
HEARING SCHEDULE

Petitioner,

12
13

Case No. 1:10-cv-00219-LJO-SAB (HC)

v.
JAMES A. YATES,
Respondent.

15
16
17

Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant

18 to 28 U.S. § 2254. Petitioner is represented in this action by Lisa M. Sciandra, Esq. Respondent
19 is represented in this action by Justain Paul Riley, Esq., of the Office of the California Attorney
20 General.
21

On December 17, 2014, a status conference hearing was held to discuss any discovery-

22 related matters, schedule an evidentiary hearing, and address any issues pertaining thereto. (ECF
23 No. 43). On December 18, 2014, the Court issued a scheduling order setting an evidentiary
24 hearing and related briefing schedule. (ECF No. 44). On February 20, 2015, Petitioner filed a
25 motion requesting a 60-day continuance of the evidentiary hearing schedule in this matter. (ECF
26 No. 45). Petitioner has indicated that Respondent does not oppose the request. After considering
27 the Petitioner’s request, the Court will grant a 45-day continuance of the briefing and evidentiary
28 hearing schedule in this matter. As the Court reserves its time to hear this case and denies others

1

1 the ability to present their cases during that time, the parties are advised that no further
2 extensions will be entertained absent a showing of extraordinary circumstances.
Accordingly, good cause having been presented to the Court, it is hereby ORDERED

3
4 that:

1. The parties are directed to file their respective witness and exhibit lists on or before

5

April 13, 2015;

6

2. The parties are directed to file any rebuttal witness and exhibit lists on or before April

7

27, 2014;

8

3. The parties are directed to file their respective opening briefs including proffers of

9

witnesses on or before May 4, 2015;

10
11

4. The parties are directed to file any responsive briefs on or before May 18, 2015; and

12

5. The evidentiary hearing will be held on June 8, 2015, at 9:00 a.m., before the
undersigned.

13
14
15

IT IS SO ORDERED.

16 Dated:

February 23, 2015
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28

2