Armstrong v. Soto
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BRUCE ARMSTRONG,
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Petitioner,
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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)
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Respondent.
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Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254. On May 23, 2017, Petitioner, though his counsel, filed a
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motion for an evidentiary hearing. (ECF No. 30.) That motion was fully briefed and
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deemed submitted as of June 15, 2017. (ECF Nos. 31, 32, 33.)
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On July 31, 2017, Petitioner filed a supplemental brief. (ECF No. 34.) The
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supplemental brief is based on the June 30, 2017 decision following rehearing en banc
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in Godoy v. Spearman, 861 F.3d 956 (9th Cir. 2017). Now before the Court is
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Respondent’s request for leave to respond. (ECF No. 35.)
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Respondent’s request is HEREBY GRANTED. Respondent may file a response to
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Petitioner’s supplemental brief within thirty (30) days of the date of service of this order.
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Petitioner may file a reply within seven days of filing of the response.
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IT IS SO ORDERED.
Dated:
August 3, 2017
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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