Mendoza v. Cate

Filing 49

ORDER signed by Magistrate Judge Dale A. Drozd on 1/28/2013 ORDERING that on or before 3/1/2013, petitioner may file a motion to expand the record or any other motion he deems appropriate in order to proceed with this action; respondent's opposi tion to the motion, if any, due on or before 4/1/2013; petitioner's reply due on or before 4/15/2013; the 3/15/2013 hearing is VACATED; and a hearing on petitioner's motion pursuant to this order shall be held on 5/3/2013 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Yin, K)

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

vs.
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 January 22, 2013, petitioner filed a request to

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modify the briefing schedule set forth in this court’s order dated December 18, 2012. This is

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petitioner’s third request for a modification of the briefing schedule. Good cause appearing, that

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request will be granted. However, no further modifications of the briefing schedule or extensions

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of time to comply therewith will be granted to petitioner absent a showing of extraordinary cause.

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Accordingly, IT IS ORDERED that:

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1. On or before March 1, 2013, petitioner may file a motion to expand the record

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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

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April 1, 2013;
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3. Petitioner may file a reply to respondent’s opposition on or before April 15,

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2013.

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4. The hearing currently scheduled for March 15, 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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May 3, 2013 at 10:00 a.m. in courtroom #27.

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DATED: January 28, 2013.

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DAD:8
mendoza1710.vac(3)

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