Harmon v. Adams et al

Filing 34

ORDER signed by District Judge Barbara J. Rothstein on 7/14/2010 GRANTING 33 Motion for 45-DAY EXTENSION OF TIME UNTIL 8/31/2010 to Advise the Court of How Petitioner Intends to Proceed. (Matson, R)

(HC) Harmon v. Adams et al

Doc. 34

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BRUCE LOCKE (#177787) Moss & Locke 555 University Avenue, Suite 150 Sacramento, CA 95825 [phone] [phone] fax Attorneys for MORRIS P. HARMON, JR. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MORRIS P. HARMON, JR., Petitioner, v. WARDEN DERRAL G. ADAMS, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. 2:08-cv-1218 BJR

MOTION FOR AN ADDITIONAL 45 DAYS TO ADVISE THE COURT OF HOW PETITIONER INTENDS TO PROCEED AND PROPOSED ORDER

On April 16, 2010, this Court ordered Petitioner's newly appointed counsel, the Federal Defender, to advise the court by July 15, 2010 of how Petitioner intends to proceed in light of the Court's analysis of the status of the case. On April 28, 2010, the Court ordered that undersigned counsel be substituted for the Federal Defender as counsel for Mr. Harmon. Undersigned counsel attempted to obtain copies of the documents that Respondent's counsel had lodged with the Court at the time that Respondent filed his answer to the Petition but those documents were not available at the Courthouse in Sacramento and counsel for Respondent refused to supply counsel for Petitioner with a copy of the documents. This Court had the documents copied and sent to undersigned counsel during the first week of July and undersigned counsel received them on July 1, 2010.

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Undersigned counsel needs additional time to review the pleadings and the documents lodged with the Court and, therefore, requests that the Court grant undersigned counsel an additional 45 days until August 31, 2010 within which to advise the Court of how Petitioner intends to proceed in this case. Counsel for Respondent has advised undersigned counsel that

Respondent does not object to the granting of this Motion. Respectfully submitted, Dated: July 7, 2010 /S/ Bruce Locke Bruce Locke Attorney for Petitioner

For the reasons stated above, the Motion of Petitioner is granted. Dated:__________________
July 14, 2010

________________________ Barbara Jacobs Rothstein U.S. District Court Judge

/s/ Barbara Jacobs Rothstein

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