Kessler v. Hornbeak

Filing 41

ORDER Deeming 40 Respondent's "Statement Regarding Evidentiary Hearing" to be a Request to Submit Opposition to the Motion for Evidentiary Hearing, and Opposition; and ORDER Permitting Petitioner to File a Reply to the Opposition No Later Than Thirty (30) Days After the Date of Service of This Order, signed by Magistrate Judge Sandra M. Snyder on 7/28/2011. (Jessen, A)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KELLY ALICE KESSLER,

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Petitioner,
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v.
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TINA HORNBEAK, Warden, et al.,)
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Respondents.
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1:10-cv—0322-OWW-SMS-HC
ORDER DEEMING RESPONDENT’S
“STATEMENT REGARDING EVIDENTIARY
HEARING” TO BE A REQUEST TO
SUBMIT OPPOSITION TO THE MOTION
FOR EVIDENTIARY HEARING, AND
OPPOSITION
ORDER PERMITTING PETITIONER TO
FILE A REPLY TO THE OPPOSITION NO
LATER THAN THIRTY (30) DAYS AFTER
THE DATE OF SERVICE OF THIS ORDER
DEADLINE FOR FILING A REPLY:
THIRTY (30) DAYS

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Petitioner is a state prisoner proceeding with counsel with

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a petition for writ of habeas corpus pursuant to 28 U.S.C.

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§ 2254.

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pursuant to Local Rules 302 and 303.

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The matter has been referred to the Magistrate Judge

On April 5, 2011, Petitioner filed a motion for an

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evidentiary hearing which was electronically served on

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Respondent.

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2011, the Court ordered consideration of the motion deferred

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until the merits of the petition were considered.

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2011, Respondent served and filed a “Statement Regarding

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Evidentiary Hearing,” in which Respondent explained why no

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opposition to the motion was filed, and which contained points

No opposition to the motion was filed.

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On July 27,

On July 28,

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and authorities concerning the motion.

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Despite its title, the “Statement” is DEEMED to be a request

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for leave to file opposition due to developing law, and to be

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opposition to the motion.

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statement is considered to be Respondent’s opposition to the

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motion.

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The request is GRANTED, and the

Petitioner may FILE a reply to the opposition no later than
thirty days after the date of service of this order.

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IT IS SO ORDERED.

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Dated:
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July 28, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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