Heredia v. Martel

Filing 36

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 12/13/11 ORDERING that the deadline for petitioner to file the traverse be enlarged to January 18, 2012.(Dillon, M)

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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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AARON AUGUSTINE HEREDIA,

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Petitioner,

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

v.

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MICHAEL MARTEL, Warden,
Respondent.

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

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The current deadline for filing the traverse is December 19, 2011. As explained in the prior
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Application and Stipulation to Enlarge Time for Petitioner to File Traverse, because I did not prepare
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the petition (it was filed pro se), it was necessary that I review voluminous records before I would be
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in a position to assess whether a traverse could be filed, and whether any additional action needed to
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be taken, such as a motion to amend the petition. Since I was retained in this case in early July,
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2011, my associate, Erin J. Radekin, and I have reviewed the record on direct appeal, which
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consisted of 796 pages; trial counsel’s file; the briefing and opinion on direct appeal; the petition for
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review; and the petition and other pleadings in this case. Further, we have conducted research and
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we have begun preparation of the traverse. We have been delayed in the process of preparing the
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traverse, however, due to an injury suffered by Ms. Radekin; on November 29, 2011, she fractured a
bone in her foot, which required surgery, on December 9, 2011. For these reasons, we request an

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additional 30 days to complete and file the traverse in this matter.
On December 13, 2011, Ms. Radekin communicated with Jill Thayer, attorney representing

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respondent in this case, by telephone. Ms. Thayer stated that she has no opposition to the request for

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an enlargement of time by 30 days.

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

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that the deadline for petitioner to file the traverse be enlarged to January 18, 2012.

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Dated: December 13, 2011

Respectfully submitted,

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

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IT IS SO ORDERED.

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DATED: December 16, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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