Armstrong v. Soto

Filing 36

ORDER Granting Respondent's 35 Request for Leave to File a Response to Petitioner's Supplemental Brief, signed by Magistrate Judge Michael J. Seng on 8/3/17. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRUCE ARMSTRONG, 12 Petitioner, 13 14 v. Case No. 1:15-cv-01109-DAD-MJS (HC) ORDER GRANTING RESPONDENT’S REQUEST FOR LEAVE TO FILE A RESPONSE TO PETITIONER’S SUPPLEMENTAL BRIEF DEBBIE ASUNCION, Warden (ECF NO. 35) 15 Respondent. 16 17 18 19 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus 20 pursuant to 28 U.S.C. § 2254. On May 23, 2017, Petitioner, though his counsel, filed a 21 motion for an evidentiary hearing. (ECF No. 30.) That motion was fully briefed and 22 deemed submitted as of June 15, 2017. (ECF Nos. 31, 32, 33.) 23 On July 31, 2017, Petitioner filed a supplemental brief. (ECF No. 34.) The 24 supplemental brief is based on the June 30, 2017 decision following rehearing en banc 25 in Godoy v. Spearman, 861 F.3d 956 (9th Cir. 2017). Now before the Court is 26 Respondent’s request for leave to respond. (ECF No. 35.) 27 28 1 Respondent’s request is HEREBY GRANTED. Respondent may file a response to 2 Petitioner’s supplemental brief within thirty (30) days of the date of service of this order. 3 Petitioner may file a reply within seven days of filing of the response. 4 5 6 IT IS SO ORDERED. Dated: August 3, 2017 /s/ 7 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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