Cebrero v. Frauenheim

Filing 49

ORDER SEALING 47 Transcript of Marsden Hearing; ORDER Directing Clerk of Court to Provide Respondent With a Copy of the Transcript; and ORDER Lifting Stay and Setting Briefing Schedule signed by Magistrate Judge Jennifer L. Thurston on 9/5/2017. Response to Petition due within thirty (30) days. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 OMAR CEBRERO, Petitioner, 10 11 12 v. S. FRAUENHEIM, Respondent. 13 14 15 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00173-DAD-JLT (HC) ORDER SEALING TRANSCRIPT OF MARSDEN HEARING [Doc. 47] ORDER DIRECTING CLERK OF COURT TO PROVIDE RESPONDENT WITH A COPY OF THE TRANSCRIPT [Doc. 47] ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE [Docs. 36, 46] On May 26, 2017, the Court granted Respondent’s request to suspend briefing until Petitioner 19 provided a transcript of the Marsden hearing. (Doc. 46.) On July 14, 2017, Petitioner responded to 20 the Court’s order and submitted a copy of the transcript. (Doc. 47.) Accordingly, the Court 21 ORDERS: 22 1) The Clerk of Court is DIRECTED to seal the transcript of the Marsden hearing (Doc. 47); 23 2) The Clerk of Court is DIRECTED to provide Respondent with a copy of the transcript; 24 3) The stay of briefing imposed on May 31, 2017, is LIFTED; and 25 4) In accordance with the Court’s order of March 20, 2017 (Doc. 36), Respondent is 26 DIRECTED to submit a response to the Second Amended Petition within thirty days. If 27 Respondent files an answer to the petition, Petitioner may file a traverse within thirty days 28 of the date Respondent’s answer is filed. If Respondent files a motion to dismiss the petition, Petitioner shall file an opposition or non-opposition within twenty-one days of 1 1 the date Respondent’s motion is filed. Respondent may then file a reply to the opposition 2 to the motion to dismiss within seven days after the opposition is served. 3 All motions shall be submitted on the record and briefs filed without oral argument unless 4 otherwise ordered by the Court. Local Rule 230(l). Extensions of time will only be granted upon a 5 showing of good cause. All provisions of Local Rule 110 are applicable to this order. 6 7 8 9 IT IS SO ORDERED. Dated: September 5, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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