Thomas v. Brown, et al

Filing 246

ORDER ENLARGING TIME FOR FILING TRAVERSE AND OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT et and including 1/8/2009; Replies to be filed by 1/22/2009; Hearing date of 1/12/2009 vacated; Signed by Judge Marilyn Hall Patel on 12/18/2008. (awb, COURT-STAFF) (Filed on 12/18/2008)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ROBERT L. AYERS, Acting Warden of California State Prison at San Quentin Respondent. / RALPH INTERNATIONAL THOMAS, Petitioner, No. C 93-0616 MHP ORDER ENLARGING TIME FOR FILING TRAVERSE AND OPPOSITION TO MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS REGARDING PROCEDURAL DEFAULT DEFENSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Good cause appearing, it is hereby ordered that the time for filing petitioner's Traverse and respondent's opposition to petitioner's Motion For Partial Judgment On The Pleadings Regarding Procedural Default Defense is extended to January 8, 2009. If petitioner elects to file a reply to the opposition to his Motion For Partial Judgment, he shall do so by January 22, 2009. The hearing currently set for January 12, 2009, at 2:00 p.m. is vacated. The Court shall reschedule a hearing if necessary. Additionally, the Court directs the parties to submit a copy of the transcript of the deposition of James Burney Royster. This transcript was an exhibit at the evidentiary hearing in state court, where it was used in lieu of Royster's live testimony. It does not however, appear to be part of the record filed in this Court. IT IS SO ORDERED. DATED: 12/18/2008 _______________________________ Marilyn Hall Patel United States District Judge C:\Documents and Settings\USDC\Local Settings\Temp\notes56FD74\EOT#242-order.frm