Espinoza v. Ornoski

Filing 313

ORDER signed by Magistrate Judge Deborah Barnes on 06/23/2023 GRANTING the 310 Motion for Extension of Time. Joint Status Report due by 8/15/2023. (Spichka, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTONIO ESPINOZA, 12 13 14 15 No. 2:94-cv-1665 KJM DB Petitioner, v. ORDER WARDEN, San Quentin State Prison, Respondent. 16 17 Petitioner is a state prisoner proceeding through counsel with a petition for a writ of 18 habeas corpus under 28 U.S.C. §2254. Before the court is petitioner’s third motion for an 19 extension of time to submit the joint status report described in the January 24, 2023 order. 20 Petitioner’s counsel argues that until the recent motion to declare petitioner incompetent is 21 resolved, counsel cannot chart a path for this case. Respondent does not oppose the motion. 22 Good cause appearing, IT IS HEREBY ORDERED that petitioner’s motion (ECF No. 23 310) for an extension of time to file the joint status report described in the court’s January 24 24 order is granted. The parties shall file the report on or before August 15, 2023. 25 Dated: June 23, 2023 26 27 28 DB:9/DB/orders-capital/Espinoza.jt sts eot(3) 1

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