Warren v. Uribe

Filing 82

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/4/2015 ORDERING respondent to file a response to petitioner's 75 Rule 60(b)(3) motion within 30 days; and petitioner may file a reply to respondent's response within 14 days of the filing of the response. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNY LYNN WARREN,

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Petitioner,

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v.

No. 2:10-cv-2120-MCE-EFB P

ORDER

DOMINGO URIBE, JR.,

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Respondent.

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Petitioner is a state prisoner proceeding without counsel with a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On May 30, 2013, the undersigned issued findings

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and recommendations recommending that habeas relief be denied on all of petitioner’s claims.

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Petitioner filed objections to those findings and recommendations on June 21, 2013. On August

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26, 2013, the assigned district judge adopted the May 30, 2013 findings and recommendations,

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habeas relief was denied, and judgment was entered.

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On September 27, 2013, petitioner filed an appeal from the district court’s August 26,

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2013 order. On May 30, 2014, the Court of Appeals for the Ninth Circuit issued an order denying

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petitioner’s motion for a certificate of appealability and “all pending motions.” On August 28,

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2014, petitioner filed a timely motion pursuant to Fed. R. Civ. P. 60(b)(3). ECF No. 75. Good

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cause appearing, respondent will be ordered to file a response to petitioner’s Rule 60(b)(3) motion

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within thirty days.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Respondent shall file a response to petitioner’s August 28, 2014 Rule 60(b)(3) motion

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within thirty days from the date of this order.
2. Petitioner may file a reply to respondent’s response within fourteen days of the filing

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of the response.

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DATED: March 4, 2015.

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