Reynoso-Rodriguez v. Chertoff et al

Filing 17

STIPULATION AND ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/28/09 ORDERING that Motion Hearing set for 2/11/09 is VACATED and reset for 2/25/2009 at 10:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller.(Dillon, 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

DANIEL J. BRODERICK, Bar #89424 Federal Defender CAROLYN M. WIGGIN, Bar #182732 Assistant Federal Defender Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: [phone] Attorney for Petitioner RAUDEL REYNOSO-RODRIGUEZ

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

RAUDEL REYNOSO-RODRIGUEZ,

) ) Petitioner, ) ) v. ) ) JANET NAPOLITANO, Secretary of ) Homeland Security, MARK FILIP, ) Acting Attorney General, ROBIN F. ) BAKER, U.S. Immigration and ) Customs Enforcement Field Office ) Director for Southern California, ) NANCY ALCANTAR,U.S. ) Immigration and Customs Enforcement ) Field Office Director for Northern ) California, FRED LAWRENCE, ) Warden, San Diego Correctional ) Facility, ) ) Respondents. ) _______________________________ )

NO. Civ. S-08-321 MCE KJM P STIPULATION AND ORDER CONTINUING HEARING DATE Date: Time: Judge: February 11, 2009 10:00 a.m. Hon. Kimberly J. Mueller

IT IS HEREBY STIPULATED by and between the parties hereto through their
Reynoso-Rodriguez v. Chertoff, et al. Civ. S-08-321 MCE KJM Stip to Continue/ prp order

1

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

respective counsel, Carolyn M. Wiggin, Assistant Federal Defender, for Petitioner RAUDEL REYNOSO-RODRIGUEZ, and Audrey B. Hemesath, Assistant United States Attorney, for Respondents, that the hearing on Respondent's Motion to Dismiss Mr. Reynoso-Rodriguez's petition as moot set for February 11, 2009, be vacated and a new date of February 25, 2009, at 10:00 a.m. be set for a hearing on the motion. The reason for the requested continuance is that Ms. Wiggin's daughter has contracted a serious viral infection and Ms. Wiggin has had to act as her primary caretaker during this period. Because Ms. Wiggin has had to miss work already this week and will have to miss additional days this week and possibly next week, Ms. Wiggin will not be able to have Petitioner's opposition to the motion prepared by January 28, 2009. The new hearing date will give Ms. Wiggin until February 11, 2009, to prepare her Opposition, and will give Respondent until February 19, 2009, to prepare a Reply. Counsel for Respondent, Ms. Hemesath, has graciously agreed to join this stipulation. Dated: January 27, 2009 Respectfully submitted, DANIEL BRODERICK Federal Defender /s/ Carolyn M. Wiggin Carolyn M. Wiggin Assistant Federal Defender Attorney for Petitioner RAUDEL REYNOSO-RODRIGUEZ Dated: January 27, 2009 LAWRENCE G. BROWN Acting United States Attorney /s/ Audrey B. Hemesath Audrey B. Hemesath Assistant U.S. Attorney Attorney for Respondents

Reynoso-Rodriguez v. Chertoff, et al. Civ. S-08-321 MCE KJM Stip to Continue/ prp order

2

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
Reynoso-Rodriguez v. Chertoff, et al. Civ. S-08-321 MCE KJM Stip to Continue/ prp order

ORDER For the reasons set forth in the stipulation of the parties, IT IS HEREBY ORDERED that the hearing on the Respondent's Motion to Dismiss currently scheduled for February 11, 2009, be vacated and that the hearing be set for February 25, 2009, at 10:00 a.m. DATED: January 28, 2009.

3