Mendoza v. Cate

Filing 47

ORDER signed by Magistrate Judge Dale A. Drozd on 12/18/12 ordering on or before 01/21/13, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this habeas action. Respondent shall file an opposition to petitioner's motion, if any, on or before 02/21/13. Petitioner may file a reply to respondent's opposition on or before 02/28/13. The hearing currently scheduled for 02/08/13 is vacated. ( Motion Hearing set for 3/15/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARQUIMEDES MENDOZA,
Petitioner,

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vs.

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

MATTHEW CATE,
Respondent.

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

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of habeas corpus pursuant to 28 U.S.C. § 2254. On December 17, 2012, petitioner filed a request

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to modify the briefing schedule set forth in this court’s November 19, 2012 order. Good cause

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appearing, that request will be granted.

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Accordingly, IT IS ORDERED that:

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1. On or before January 21, 2013, petitioner may file a motion to expand the

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

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February 21, 2013;
3. Petitioner may file a reply to respondent’s opposition on or before February 28,

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2013.
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4. The hearing currently scheduled for February 8, 2013 is vacated.

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

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March 15, 2013 at 10:00 a.m. in courtroom #27.

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DATED: December 18, 2012.

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DAD:8
mendoza1710.vac(2)

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