Ervine v. Davis

Filing 52

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 11/14/2017 CONTINUING the 37 Motion to Stay Hearing to 1/5/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Hunt, G)

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1 2 3 4 5 6 7 8 9 HEATHER E. WILLIAMS, State Bar #122664 Federal Defender KARL SADDLEMIRE, State Bar #275856 Assistant Federal Defender DAVID HARSHAW, Ky. Bar #86435 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, CA 95814 Telephone: (916) 498-6666 Facsimile: (916) 498-6656 Email: karl_saddlemire@fd.org david_harshaw@fd.org Attorneys for Petitioner DENNIS N. ERVINE 10 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 DENNIS NEWTON ERVINE, ) ) Petitioner, ) ) v. ) ) WARDEN of San Quentin State Prison, ) ) Respondent. ) ) ) Case No. 2:15-cv-01916-TLN-DB STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION FOR STAY AND ABEYANCE Current Date: December 15, 2017 Proposed Date: January 5, 2018 Time: 10:00 a.m. Judge: Hon. Deborah Barnes Courtroom: 27 20 IT IS HEREBY STIPULATED by and between the parties hereto through their 21 22 23 24 25 respective counsel, MAX FEINSTAT, Deputy Attorney General, attorney for Respondent, and DAVID HARSHAW, Assistant Federal Defender, attorney for Petitioner DENNIS ERVINE, that the Court vacate the hearing date of December 15, 2017, and set a new hearing date on January 5, 2018 at 10:00 a.m. The continuance is being requested because Mr. Harshaw, newly assigned counsel for 26 27 28 Petitioner, will be out of town on vacation on December 15, 2017. /// -1- . 2:15-cv-01916-TLN-DB 1 Dated: November 14, 2017 2 HEATHER E. WILLIAMS Federal Defender 3 4 /s/ DAVID HARSHAW DAVID HARSHAW Assistant Federal Defender Attorney for Defendant DENNIS N. ERVINE 5 6 7 8 DATED: November 14, 2017 9 /s/ MAX FEINSTAT MAX FEINSTAT Deputy Attorney General Attorney for Respondent 10 11 12 13 14 15 16 17 XAVIER BECERRA Attorney General of California ORDER The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court orders that the December 15, 2017 hearing shall be continued to January 5, 2018 at 10:00 a.m. DATED: November 14, 2017 18 19 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 DLB:9 DB/orders.capital/ervine.mot for stay hrg.eot 27 28 -2- . 2:15-cv-01916-TLN-DB

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