Holloway v. Wong

Filing 60

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 06/16/10 ordering, petitioner's response to respondent's motion for summary judgment shall be filed on or before 08/23/10. Respondent's reply shall be filed on or before 09/06/10. The hearing as to respondent's MOTION for SUMMARY JUDGMENT 56 ( Motion Hearing continued to 9/22/2010 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan.) (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DUANE HOLLOWAY, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) ) v. ) ) VINCENT CULLEN, Warden of San ) Quentin State Prison, ) ) Respondent. ______________________________________ ) DEATH PENALTY CASE NO. CIV S-05-2089 FCD-EFB STIPULATION AND ORDER TO CONTINUE BRIEFING AND HEARING ON RESPONDENT'S MOTION FOR SUMMARY JUDGMENT RE: PROCEDURAL BARS

On November 12, 2009, this Court set forth a briefing and hearing schedule, that required respondent to file a motion for summary adjudication regarding procedural bars on or before April 29, 2010, for petitioner to file a response to that motion on or before June 24, 2010, and for respondent to file a reply in support of that motion on or before July 8, 2010. The Court set a hearing on that motion for July 21, 2010 at 10:00 a.m. Since the previous hearing, the parties have developed conflicting scheduling obligations. In addition, Respondent does not oppose Petitioner's request for an enlargement of time to respond to Respondent's motion. Accordingly, the parties stipulate as follows: /// /// /// /// /// 1

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Petitioner's response to respondent's motion for summary judgment shall be filed on or before August 23, 2010. Respondent's reply shall be filed on or before September 6, 2010. The hearing on respondent's motion shall be held at 10:00 a.m. on September 22, 2010. IT IS SO ORDERED Dated: June 16, 2010.

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