Luna v. Mule Creek State Pri, et al

Filing 38

ORDER signed by Magistrate Judge Gregory G. Hollows on 03/16/12 ordering the order to show cause is discharged. The hearing is moved to 04/12/12. Petitioner's opposition to the motion to dismiss is due on 03/26/12 and a reply, if any is due on 04/05/12. Set Deadlines/Hearing as to 32 Motion to Dismiss ( Motion Hearing set for 4/12/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows.) (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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BENITO JULIAN LUNA,
Petitioner,

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No. CIV S-04-0627 KJM GGH P

vs.
SCOTT KERNAN,
Respondent.

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ORDER
/

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Petitioner is a state prisoner proceeding with appointed counsel with a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 1, 2011, prior counsel assigned to

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this case was relieved and new counsel was appointed, as it appeared petitioner’s federal habeas

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petition was never filed even though the claims were exhausted several years ago in the

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California Supreme Court. On September 27, 2011, new counsel provided a status report

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indicating that the best way to address the statute of limitations issue would be for respondent to

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be served with the petition recently filed by petitioner. Respondent was served and filed a

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motion to dismiss on December 6, 2011. A hearing was scheduled for February 16, 2012,

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however the parties filed a stipulation to move the hearing to March 23, 2012. The court’s law

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and motion calendar is on Thursdays, therefore the hearing was moved to March 22, 2012, at

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10:00 am.
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On March 14, 2012, the undersigned issued an order to show cause why the action

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should not be dismissed for failure to prosecute, noting that petitioner had not filed an opposition

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to the motion to dismiss even though the opposition was due on March 8, 2012. See Local Rule

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230(c). On March 14, 2012, petitioner filed a stipulation and proposed order to move the hearing

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to April 12, 2012. Therefore, the order to show cause is discharged and the hearing is moved to

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April 12, 2012. No further extensions will be allowed. Furthermore, petitioner’s opposition to

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the motion to dismiss is due on March 26, 2012, and a reply, if any is due on April 5, 2012.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The order to show cause is discharged;

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2. The hearing is moved to April 12, 2012;

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3. Petitioner’s opposition to the motion to dismiss is due on March 26, 2012, and

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a reply, if any is due on April 5, 2012.

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DATED: March 16, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:AB
luna0627.ord

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