Luna v. Mule Creek State Pri, et al

Filing 46

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 5/9/2012 and agreed between the parties to EXTEND the time to file objections to the findings and recommendations to 6/18/2012. (Yin, K)

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BARRY MORRIS, SBN #48368
Attorney at Law
1220 Oakland Blvd. #200
Walnut Creek, CA 94596
[phone]
fax: [phone]
[e-mail]

Attorney for Defendant
BENITO JULIAN LUNA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BENITO JULIAN LUNA,

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No. CIV S-04-0627 FCD GGH

Petitioner,

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v.

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SCOTT KERNAN,

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Respondent./
Stipulation, Declaration, and Order
BARRY MORRIS, attorney for petitioner BENITO LUNA, and
JAMIE A. SCHEIDEGGER, attorney for Respondent SCOTT KERNAN

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stipulate to extend the time to file objections to the Findings and

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Recommendations of the Magistrate from May 17, 2012 until June

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18, 2012. This stipulation is based upon the Declaration of Barry

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Morris attached hereto.

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Dated: May 9, 2012
____/s/____________
BARRY MORRIS
Attorney for Petitioner
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BENITO LUNA

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Declaration of Barry Morris

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I, BARRY MORRIS, do hereby declare under penalty of perjury
that:

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1. I am an attorney licensed to practice in all the courts of the

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State of California, the Federal District Court for the Northern,

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Central, and Eastern Districts of California, the Court of Appeals for

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the Ninth Circuit, and the United States Supreme Court. I represent

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the petitioner in the above-entitled case.

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2.

I am going to be out of the country from May 10, 2012

until May 15, 2012 to attend the wedding of a very close friend in
Mexico. The issue involved in this case is complicated and I will need

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additional time to prepare and file objections to the Findings and

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Recommendations of the Magistrate.

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3.

I spoke to Ms. Scheidegger, counsel for respondent, and

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she has authorized me to represent that he has no opposition to this

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request and so stipulates.

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Dated: May 9, 2012
Walnut Creek, CA
____/s/_____________
BARRY MORRIS
Attorney for Petitioner
BENITO LUNA

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Order
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GOOD CAUSE APPEARING THEREFOR, and the parties having
so stipulated, the time to file objections to the Findings and

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Recommendations of the Magistrate is extended from May 17, 2012

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until June 18, 2012.

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Dated: May 9, 2012

/s/ Gregory G. Hollows
U.S. MAGISTRATE JUDGE

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