Rojas-Tena v. Benov

Filing 25

ORDER signed by Magistrate Judge Stanley A. Boone on 10/2/2014 following remand from the 9th Circuit Court of Appeals and expanding the record; setting briefing schedule re 24 . (Filing Deadline: 11/5/2014). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALFONZO ROJAS-TENA,
Petitioner,

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Case No. 1:13-cv-00488-LJO-SAB
ORDER FOLLOWING REMAND FROM
THE NINTH CIRCUIT COURT OF
APPEALS AND EXPANDING THE
RECORD

v.
MICHAEL L. BENOV,

ORDER SETTING BRIEFING SCHEDULE
Respondent.

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(ECF No. 24)
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Pursuant to the mandate of the United States Court of Appeals for the Ninth Circuit in the

18 case of Alfonzo Rojas-Tena V. Michael L. Benov, Case no. 13-17275, the judgment of the
19 district court was vacated and this case was remanded so that the government may augment the
20 record for reconsideration by the district court. In the Respondent’s unopposed motion for
21 remand, he indicated that the Petitioner’s twenty-seven (27) days of good conduct time was
22 restored at a rehearing. The Respondent also indicated in his motion that the case should be
23 remanded to the district court so that the government may augment the record with the
24 Declaration from Christopher Cruz, a Bureau of Prisons Discipline Hearing Officer.
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Accordingly, pursuant to Rule 7 of the Rules Governing Section 2254 Cases and the

26 Ninth Circuit’s mandate, the Court HEREBY ORDERS:
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Respondent SHALL FILE any ADDITIONAL MATERIALS to augment the

28 record within THIRTY (30) days of the date of service of this order.

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All briefs shall be filed without oral argument unless otherwise ordered by the Court.

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2 Local Rule 230(l). Extensions of time will only be granted upon a showing of good cause. All
3 provisions of Local Rule 110 are applicable to this order.
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IT IS SO ORDERED.

7 Dated:

October 2, 2014
UNITED STATES MAGISTRATE JUDGE

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