Audette v. Arnold

Filing 25

ORDER signed by Magistrate Judge Allison Claire on 5/11/2017 GRANTING 24 Respondent's Motion for Extension of Time and GRANTING 23 Petitioner's Motion for Limited Discovery. Respondent shall file and serve his reply on or before 6/9/2017. Petitioner to file and serve authorized surreply within 30 days after service of Respondent's reply. (Henshaw, R)

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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 CARLTON LEE AUDETTE, 12 Petitioner, 13 14 15 v. No. 2:16-cv-01256 JAM AC P ORDER ERIC ARNOLD, Warden, Respondent. 16 17 For good cause shown, the court grants respondent’s second request for extended time, 18 ECF No. 24, to file and serve his reply to petitioner’s opposition to respondent’s pending motion 19 to dismiss; the reply shall be due on or before June 9, 2017. 20 Additionally, the court grants petitioner’s request for discovery, ECF No. 23, and directs 21 respondent to include a certified or verified copy of petitioner’s prior convictions including his 22 “actual discharge date.” Petitioner will be accorded the opportunity to file a surreply. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. Respondent’s request for extended time, ECF No. 24, is granted. 25 2. Petitioner’s request for limited discovery, ECF No. 23, is granted. 26 3. Respondent shall file and serve his reply on or before June 9, 2017; such reply shall 27 include a certified or verified copy of petitioner’s prior convictions including his “actual 28 discharge date.” See ECF Nos. 23 & 4. 1 1 4. Petitioner is directed to file and serve an authorized surreply within thirty days after 2 service of respondent’s reply. 3 IT IS SO ORDERED. 4 DATED: May 11, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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