Espinoza v. Hill

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 10/4/2011 and agreed between the parties to RESET the hearing on respondent's 17 motion to dismiss. Motion Hearing RESET for 11/17/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Yin, K)

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CRIMINAL DEFENSE ATTORNEYS OF SACRAMENTO
Chet Templeton, CSBN #227363
Justin Mixon, CSBN #233198
716 10th Street, Suite 300
Sacramento, CA 95814
T. [phone]
F. [phone]
Attorneys for Petitioner

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERNESTO ESPINOZA

Case No.: CIV S-11-0461 GGH P

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Petitioner,

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vs.

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JOINT STIPULATION AND ORDER
RESETTING HEARING ON
RESPONDENT’S MOTION TO DISMISS

RICK HILL

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Respondent.

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Petitioner, Ernesto Espinoza, by and through his counsel, and California Deputy Attorney

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General, Jennifer M. Poe, herby submit this stipulation and proposed order resetting the motion

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to dismiss scheduled for October 6, 2011 to November 17, 2011.

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Petitioner’s counsel has been engaged in a jury trial in Sacramento County and requires

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additional time to respond to the motion to dismiss to request a stay on the petition so all state

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claims can be exhausted. Petitioner’s counsel attempted contact with Ms. Poe on September 29th

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and 30th to request a stipulation, but she was unavailable to respond until October 3, 2011.

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-110/04/11

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Respectfully Submitted,

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/s/

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Justin T. Mixon, Attorney for Petitioner

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Dated: October 3, 2011

By: ___________/s/_____________________
Justin Mixon, Attorney for Petitioner

Dated: October 3, 2011

By:__________/s/______________________
Jennifer Poe, Deputy Attorney General

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ORDER

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For good cause shown above,
IT IS SO ORDERED

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Dated: October 4, 2011
/s/ Gregory G. Hollows
__________________________________________
The Honorable Gregory G. Hollows
United States Magistrate Judge

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espi0461.stp

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-210/04/11