Mendoza v. Cate

Filing 45

ORDER signed by Magistrate Judge Dale A. Drozd on 11/19/2012 ORDERING that on or before 12/17/2012, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed in this action; respondent shall file a n opposition to petitioner's motion, if any, on or before 1/17/2013; petitioner may file a reply to respondent's opposition or or before 1/31/2013; the 1/11/2013 hearing is VACATED; a hearing on petitioner's motion filed pursuant to this order will now be held 2/8/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ARQUIMEDES MENDOZA,
Petitioner,

11
vs.

12
13

No. 2:09-cv-1710 MCE DAD P

MATTHEW CATE,
Respondent.

14

ORDER
/

15

Petitioner is a state prisoner proceeding through counsel with a petition for a writ

16
17

of habeas corpus pursuant to 28 U.S.C. § 2254. On November 15, 2012, petitioner filed a

18

request to modify the briefing schedule in this habeas action set forth in this court’s order dated

19

October 18, 2012. Good cause appearing, that request will be granted.

20

Accordingly, IT IS ORDERED that:

21

1. On or before December 17, 2012, petitioner may file a motion to expand the

22

record or any other motion he deems appropriate in order to proceed with this action;
2. Respondent shall file an opposition to petitioner’s motion, if any, on or before

23
24

January 17, 2013;
3. Petitioner may file a reply to respondent’s opposition on or before January 31,

25
26

2013.
1

1

4. The hearing currently scheduled for January 11, 2013 is vacated.

2

5. A hearing on petitioner’s motion filed pursuant to this order will now be held

3

on February 8, 2013 at 10:00 a.m. in courtroom #27.

4

DATED: November 19, 2012.

5
6
7
8

DAD:8
mendoza1710.vac

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2