Ervine v. Davis

Filing 46

ORDER signed by Magistrate Judge Deborah Barnes on 9/26/2017 GRANTING respondent's 45 motion for a continuance. The hearing on petitioner's 37 Motion to Stay and Abeyance is CONTINUED to 12/15/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Respondent's opposition is due on 11/3/2017 and any reply brief is due on 11/10/2017. (Yin, K)

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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 13 14 Petitioner, v. No. 2:15-cv-1916 TLN DB P DEATH PENALTY CASE ORDER RON DAVIS, 15 Respondent. 16 17 18 Respondent moves for a continuance of the hearing on petitioner’s Motion for Stay and Abeyance. Petitioner does not oppose the motion. 19 Good cause having been shown, IT IS HEREBY ORDERED as follows: 20 1. Respondent's motion for a continuance (ECF No. 45) is granted. The hearing on 21 petitioner’s Motion for Stay and Abeyance is continued to December 15, 2017 at 22 10:00 a.m. in courtroom #27. 23 24 25 2. Respondent's opposition is due on November 3, 2017, and any reply brief is due on November 10, 2017. DATED: September 26, 2017 26 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 27 28 DLB:9 DLB1/ hrg cont 1

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