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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS NEWTON ERVINE,

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Petitioner,

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v.

No. 2:15-cv-1916 TLN DB
DEATH PENALTY CASE
ORDER

RON DAVIS,

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Respondent.

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Petitioner is a state prisoner under sentence of death who is proceeding pro se and in

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forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. On July 28,

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2017, respondent moved for an extension of time to file his opposition to petitioner’s motion for

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stay and abeyance. (ECF No. 40.) Respondent stated that the parties stipulated to the extensions

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of the briefing schedule and continuation of the hearing date. On July 31, 2017, the court granted

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respondent’s motion. (ECF No. 42.) On August 3, 2017, respondent requested the stipulation

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filed previously be withdrawn. (ECF No. 43.) Respondent explained that petitioner’s counsel

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informed him that petitioner did not oppose the requested extension of time, but did not stipulate

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to it.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The stipulation filed July 28, 2017 is stricken from the record; and

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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

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DLB1/orders.capital/ervine.mot stay eot am

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