Beames v. Cullen

Filing 216

ORDER GRANTING-IN PART RESPONDENT'S UNOPPOSED Motion for Second Extension of Time to File Post-Hearing Brief on Claim 11, signed by Magistrate Judge Stanley A. Boone on 7/18/2016. (Kusamura, W)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

JOHN MICHAEL BEAMES,

11

Petitioner,

12
13
14

Case No. 1:10-cv-01429-DAD-SAB
DEATH PENALTY CASE

v.

ORDER GRANTING-IN PART
RESPONDENT’S UNOPPOSED MOTION
FOR SECOND EXTENSION OF TIME TO
FILE POST-HEARING BRIEF ON CLAIM
11

RON DAVIS, Warden of San Quentin State
Prison,
Respondent.

15

(Doc. No. 212)

16
17

Before the court is a motion by respondent, through counsel Robert Gezi to extend by

18

fifteen (15) days the current July 5, 2016 deadline for filing his post-hearing brief on claim 11

19

responsive to the court’s February 4, 2016 order. (See Doc. Nos. 198 & 210.) Mr. Gezi states

20

this extension of time, his second, is necessary to allow the undersigned time to rule on

21

respondent’s related motion to seal his post-hearing brief on claim 11.

22
23
24

Mr. Gezi represents that counsel for petitioner, Mr. Simon, does not object to the
requested extension of time.
The record reflects that on July 15, 2016, the Clerk of the Court filed under seal

25

respondent’s request to seal and post-hearing brief on claim 11 pursuant to the undersigned’s July

26

14, 2016 order granting respondent’s motion to seal. Based thereon, the court finds good cause to

27

extend the time for filing of respondent’s post-hearing brief by ten (10) days to and including July

28

15, 2016.
1

1

Given the extension of time afforded respondent, the court also finds good cause to extend

2

by ten (10) days the deadline for petitioner to file his reply brief from the current September 3,

3

2016 to September 13, 2016.

4

Accordingly, it is HEREBY ORDERED that:

5

1.

Respondent’s unopposed motion for second extension of time to file his post-

6

hearing brief on claim 11 (Doc. No. 212) is granted-in-part to and including July

7

15, 2016,

8

2.

9

Petitioner’s post-hearing reply brief shall be filed not later than September 13,
2016, and

10

3.

Thereupon, the matter shall be deemed submitted.

11
12
13

IT IS SO ORDERED.
Dated:

July 18, 2016
UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2