Arias v. Calderon, et al

Filing 250

ORDER signed by Magistrate Judge Dale A. Drozd on 08/08/12 ordering petitioner's opening points and authorities regarding the application of 28 USC 2254 (d) to each claim in the second amended petition shall be filed by 01/18/13. Respondents opposition shall be filed by 09/19/13 and petitioner's reply is due 01/19/14.(Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PEDRO ARIAS,

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Petitioner,

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No. CIV S-99-0627 WBS DAD

vs.

DEATH PENALTY CASE

WARDEN, San Quentin State
Prison

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Respondent.

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ORDER
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In a June 19, 2012 Order, the court found petitioner established good cause for an

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extension of time to file his brief regarding the application of 28 U.S.C. § 2254(d) to each claim

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in the Second Amended Petition. (Dkt. No. 248.) As noted in the order, respondent has no

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opposition to an extension of time. Petitioner has proposed new filing dates, which extend the

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time for each parties’ filings by over five months. While the court finds the suggested new dates

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to be appropriate, petitioner is warned that he will be required to make a showing of

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extraordinary circumstances to justify any additional requests for extensions of time for the filing

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his opening brief in light of the lengthy extensions that have been granted.

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Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:
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1. Petitioner’s opening points and authorities regarding the application of 28

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U.S.C. § 2254(d) to each claim in the Second Amended Petition shall be filed by January 18,

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2013.

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2. Respondent’s opposition shall be filed by September 19, 2013 and petitioner’s

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reply is due January 19, 2014.

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DATED: August 8, 2012.

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arias 2254d brf.eot

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