Ervine v. Davis
Filing
44
ORDER signed by Magistrate Judge Deborah Barnes on 8/7/2017 STRIKING the 7/28/2017 stipulation from the record; and the court finds good cause for respondent's 41 unopposed motion for extension of time and CONFIRMS the dates set out in the 7/31/2017 order. (Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DENNIS NEWTON ERVINE,
12
Petitioner,
13
14
v.
No. 2:15-cv-1916 TLN DB
DEATH PENALTY CASE
ORDER
RON DAVIS,
15
Respondent.
16
Petitioner is a state prisoner under sentence of death who is proceeding pro se and in
17
18
forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. On July 28,
19
2017, respondent moved for an extension of time to file his opposition to petitioner’s motion for
20
stay and abeyance. (ECF No. 40.) Respondent stated that the parties stipulated to the extensions
21
of the briefing schedule and continuation of the hearing date. On July 31, 2017, the court granted
22
respondent’s motion. (ECF No. 42.) On August 3, 2017, respondent requested the stipulation
23
filed previously be withdrawn. (ECF No. 43.) Respondent explained that petitioner’s counsel
24
informed him that petitioner did not oppose the requested extension of time, but did not stipulate
25
to it.
26
Accordingly, IT IS HEREBY ORDERED that:
27
1. The stipulation filed July 28, 2017 is stricken from the record; and
28
////
1
1
2
3
2. The court finds good cause for respondent’s unopposed motion for an extension of
time (ECF No. 41) and confirms the dates set out in the July 31, 2017 order.
DATED: August 7, 2017
4
5
/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE
6
7
8
9
10
11
12
13
14
DLB:9
DLB1/orders.capital/ervine.mot stay eot am
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?