Ximenez v. Adams et al

Filing 47

ORDER signed by Senior Judge James K. Singleton on 9/2/11 GRANTING 45 Motion for Extension. Respondent filed the requested response. Accordingly, this matter is now ripe for decision, and this court will now rule on the petition. (Donati, J)

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

CHRISTOPHER JAMES XIMENEZ,
Case No. 2:08-cv-03056-JKS
Petitioner,
vs.
ORDER
DERRELL G. ADAMS, Warden,
Respondent.

At Docket No. 44, this Court ordered the Respondent to file a brief informing this Court
of its preliminary position regarding whether Ximenez was represented by counsel during the
1997 proceeding and whether Ximenez would face any foreseeable problems in obtaining the
records for his 1997 case. At Docket No. 45 the Respondent filed a motion for a one-week
extension of time to comply with the order, however before this Court had the opportunity to
rule on the order, the Respondent filed the requested response. Therefore, the Respondent’s
motion at Docket No. 45 is GRANTED.
Ximenez has still not submitted documentation that he was denied counsel during the
1997 proceedings. This Court has granted Ximenez two extensions of time and informed him
that he would receive no more extensions—in his motions for extensions of time, Ximenez set

his own deadlines, which this Court adopted. Ximenez has twice failed to meet these deadlines.
Accordingly, this matter is now ripe for decision, and this Court will now rule on the petition.
Dated: September 2, 2011.
/s/ James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
United States District Judge