Morales v. Hedgpeth

Filing 58

ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2014 GRANTING respondent's 53 motion for an extension of time; respondent's response is due on or before 9/24/20014, and petitioner may file a reply brief on or before 10/8/2014; and the 9/18/2014 hearing set for petitioner's motion for evidentiary hearing is VACATED and RESET to 10/23/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

OSCAR MORALES,

12

Petitioner,

13
14

No. 2:12-cv-0544 TLN KJN P

v.

ORDER

ANTHONY HEDGPETH,

15

Respondent.

16
17

Petitioner is a state prisoner, proceeding through counsel, with a petition for writ of

18

habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner’s motion for an evidentiary hearing is set

19

for hearing before the undersigned on September 18, 2014.
Pending before the court is respondent’s third motion for an extension of time to respond

20
21

to petitioner’s motion. On August 26, 2014, petitioner filed a statement of non-opposition to

22

respondent’s motion.

23

Good cause appearing, IT IS HEREBY ORDERED that:

24

1.

Respondent’s motion for an extension of time (ECF No. 53) is granted; respondent’s

25

response is due on or before September 24, 2014; petitioner may file a reply brief on

26

or before October 8, 2014; and

27

////

28

////
1

1
2
3

2. The September 18, 2014 hearing set for petitioner’s motion for an evidentiary hearing
is vacated and reset to October 23, 2014, at 10:00 a.m., before the undersigned.
Dated: August 28, 2014

4
5

Mor544.eot(3)

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2