Beames v. Cullen

Filing 103

ORDER GRANTING 101 Motion to File Late Opposition to Respondent's Motion to Dismiss; Clerk to File Opposition attached as Exhibit A to Motion, signed by Magistrate Judge Stanley A. Boone on 11/20/14. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN MICHAEL BEAMES,

Case No. 1:10-cv-1429-AWI-SAB

Petitioner,

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DEATH PENALTY CASE

v.

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ORDER GRANTING PETITIONER’S
KEVIN CHAPPELL, Warden of the California REQUEST TO FILE LATE OPPOSITION TO
State Prison at San Quentin,
RESPONDENT’S MOTION TO DISMISS
Respondent.

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(ECF NO. 101)
CLERK TO FILE OPPOSITION ATTACHED
AS EXHIBIT A TO MOTION

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(ECF NO. 101-1)
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On October 27, 2014, Respondent Kevin Chappell, Warden of California State Prison

20 at San Quentin (“Warden”) moved to dismiss the federal petition of Petitioner John Michael
21 Beames (“Beames”). Before the Court is Beames’s November 20, 2014 unopposed request for
22 leave to file untimely opposition to the Warden’s motion. (ECF NO. 101.)
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For good cause shown, it is HEREBY ORDERED that:

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1.

Beames’s motion (ECF NO. 101) is GRANTED,

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2.

The Clerk of the Court is directed to file Beames’s opposition (ECF NO. 101-1)

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attached as Exhibit A to the instant motion,
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The opposition shall be deemed timely as of the date of filing, and

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4.

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Warden’s reply to Beames’s opposition, if any, shall be served and filed not less
than seven days preceding the December 3, 2014 hearing.

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IT IS SO ORDERED.

6 Dated:

November 20, 2014
UNITED STATES MAGISTRATE JUDGE

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