Heredia v. Martel

Filing 34

ORDER signed by Magistrate Judge Craig M. Kellison on 09/20/11 ordering the application being made to the court pursuant to agreement among the parties that the deadline for petitioner to file the traverse be enlarged to 12/19/11 32 is granted. (Plummer, M)

1
2
3
4
5

JOHN R. DUREE, JR., INC.
A Professional Law Corporation
Attorney at Law – SBN 65684
428 J Street, Suite 352
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
AARON AUGUSTINE HEREDIA

6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

AARON AUGUSTINE HEREDIA,

12
13

Petitioner,

Case No. 10-CV-0693-GEB-CMK

v.

14
15

MICHAEL MARTEL, Warden,
Respondent.

16

APPLICATION AND STIPULATION TO
ENLARGE TIME FOR PETITIONER TO
FILE TRAVERSE; ORDER

17
18
19
20

I was retained in early July, 2011 to prepare the traverse in this matter (petitioner filed his

21

petition for writ of habeas corpus pro se). Prior to preparing the traverse it is necessary that I review

22

the record on appeal, including the reporter’s transcript of the trial proceedings, which consists of

23

796 pages, and the briefing on appeal, in addition to the petition. Further, I must also review the

24

papers and documents contained in trial counsel’s file to ensure that all potentially meritorious

25

habeas issues have been raised, and conduct any necessary research. I have not yet completed this

26

review and preparation of the traverse. Thus, I request an additional 90 days from the current due

27

date for filing the traverse of September 19, 2011 to prepare and file the traverse, to December 19,

28

2011.

1

On September 12, 2011, my associate, Erin J. Radekin, communicated with Jill Thayer,

2

attorney representing respondent in this case, via email. Ms. Thayer stated that she has no opposition

3

to the request for an enlargement of time by 90 days.

4

Accordingly, application is being made to the Court pursuant to agreement among the parties

5

that the deadline for petitioner to file the traverse be enlarged to December 19, 2011.

6

Dated: September 12, 2011

Respectfully submitted,

7
8
/s/ John R. Duree, Jr.
JOHN R. DUREE, JR.
Attorney for Petitioner
AARON AUGUSTINE HEREDIA

9
10
11
12

IT IS SO ORDERED.

13
14
15
16

DATED: September 20, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
-2-