Whalen v. Warden of San Quentin

Filing 36

ORDER (1) Referring Petitioner's 30 Motion for Equitable Tolling to District Judge, and (2) Vacating Hearing Set for September 9, 2015 at 10:00 a.m. in Department 9 signed by Magistrate Judge Stanley A. Boone on 08/19/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL LEE WHALEN,

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Case No. 1:14-cv-01865-LJO-SAB

Petitioner,

DEATH PENALTY CASE
ORDER (1) REFERRING PETITIONER’S
MOTION FOR EQUITABLE TOLLING TO
DISTRICT JUDGE, and (2) VACATING
HEARING SET FOR SEPTEMBER 9, 2015
AT 10:00 A.M. IN DEPARTMENT 9

v.
WARDEN, California State Prison at San
Quentin,
Respondent.

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(ECF No. 30)

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On August 3, 2015, Petitioner filed a motion to equitably toll the 28 U.S.C. § 2244

19 limitations period for filing his federal habeas petition from November 12, 2015 to February 2,
20 2016, due to delay in appointing counsel and case complexity. Respondent filed opposition on
21 August 12, 2015. Petitioner’s reply, if any, is due not later than September 2, 2015. Local
22 Rule 230(d).
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In the interest of judicial economy, the undersigned finds it is more appropriate for

24 District Judge Lawrence O’Neill to address the motion.
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Accordingly, it is HEREBY ORDERED that:

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1.

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The previously scheduled hearing set for September 9, 2015 at 10:0 a.m. before

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the undersigned is vacated and the parties will not be required to appear at that

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time,
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Petitioner’s motion for equitable tolling (ECF No. 30) is referred to District

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Judge Lawrence O’Neill and the parties will be notified by minute order if a

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hearing is necessary, and
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Petitioner’s reply, if any, shall be filed by not later than September 2, 2015.

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9 IT IS SO ORDERED.
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Dated:

August 19, 2015
UNITED STATES MAGISTRATE JUDGE

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