Hayden v. Duffy

Filing 52

ORDER signed by Magistrate Judge Deborah Barnes on 3/2/2017 and stipulated between the parties: Petitioner's deadline to file a motion for evidentiary hearing (or any notice informing this court that such a hearing is not requested) is 4/21/201 7; Respondent's reply brief shall be filed no later than 5/5/2017; Petitioner's reply brief, if any, shall be filed no later than 5/12/2017 ; and the Clerk shall term respondent's 22 motion to dismiss pending submission of the supplemental briefing ordered herein. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALPHONSO HAYDEN, JR.,

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Petitioner,

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v.

No. 2:14-cv-1004 WBS DB P

ORDER

BRIAN DUFFY, Warden,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

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under 28 U.S.C. § 2254. Pending before the court is respondent’s motion to dismiss the operative

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petition as barred by the applicable statute of limitations. (ECF No. 22.)

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By order dated July 1, 2015, the court directed the parties to file supplemental briefs

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addressing whether equitable tolling of the statute of limitations is warranted in this case. (ECF

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No. 31.) On November 23, 2016, following the transfer of this case to the undersigned, the

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Federal Defender was appointed to represent petitioner for purposes opposing the motion to

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dismiss. (ECF No. 47.) Since then, two stipulations have been submitted for an extension of time

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to file a motion for an evidentiary hearing or a notice that such a hearing is not requested. (ECF

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Nos. 49 and 51.)

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Based on the procedural history of this case and counsel’s declaration, and pursuant to the
parties’ stipulation, IT IS HEREBY ORDERED that:
1. The deadline for the petitioner to file a motion for evidentiary hearing (or any notice
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informing this court that such a hearing is not requested) is April 21, 2017;

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2. Respondent’s reply brief shall be filed no later than May 5, 2017;

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3. Petitioner’s reply brief, if any, shall be filed no later than May 12, 2017; and

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4. The Clerk of the Court is directed to term respondent’s motion to dismiss (ECF No.

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22) pending submission of the supplemental briefing ordered herein.
Dated: March 2, 2017

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/DLB7;
DB/Inbox/Routine;hayd1004.mtd.term

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