Mickle v. Brown, et al

Filing 326

ORDER Directing Petitioner to Refile Motion for Evidentiary Hearing. Signed by Judge Thelton E. Henderson on 02/01/08. (rbe, COURT STAFF) (Filed on 2/4/2008)

Mickle v. Brown, et al

Doc. 326

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v. ROBERT L. AYERS, Warden, Respondent. DENNY MICKLE, Petitioner, NO. C 92-2951 TEH ORDER DIRECTING PETITIONER TO REFILE MOTION FOR EVIDENTIARY HEARING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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The Court is in receipt of petitioner's 189-page motion for evidentiary hearing, which was filed without an accompanying request to file an oversize brief. Owing to the excessive length of the motion, the Court directs petitioner to refile a motion that does not exceed 65 pages within 60

17 days of the date of this Order. Because of this change, the hearing scheduled for April 28, 2008 is 18 VACATED. The Court will reschedule a hearing on the motion only if deemed necessary. 19
Respondent shall file an opposition within 90 days of the filing of the motion for evidentiary

20 hearing. Within 30 days of the filing of the opposition, petitioner shall file a reply. Neither the 21 opposition nor the reply shall exceed 65 pages. 22 IT IS SO ORDERED. 23 24 25 26 27 28
DATED 02/01/08 THELTON E. HENDERON UNITED STATES DISTRICT JUDGE

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