Chavarria v. Hamlet

Filing 36

ORDER TO FILE RESPONSIVE PLEADING. Respondent's optional answer to motion is due 2/13/09. Petitioner may file reply no later than 2/27/09. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 1/26/2009) (Additional attachment(s) added on 1/28/2009: # 1 ps) (ys, COURT STAFF).

Download PDF
1 2 3 4 5 6 7 8 9 10 United 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 /// MARCUS DANIEL CHAVARRIA, v. Petitioner, No. C 01-02242 SI ORDER TO FILE RESPONSIVE PLEADING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JIM HAMLET, Respondent. / On March 24, 2003, this Court denied Chavarria's pending petition for writ of habeas corpus. On April 29, 2003, the Court issued a certificate of appealability as to certain issues raised in the petition. Petitioner appealed to the United States Court of Appeals for the Ninth Circuit, where he evidently requested either remand or dismissal in order to amend his original habeas petition to assert a claim based on ineffective assistance of appellate counsel. On June 27, 2007, the Ninth Circuit issued a judgment dismissing the appeal and remanding to this Court in order for petitioner to request permission to amend his petition and for this Court to "determine in the first instance whether amendment should be allowed." When no motion to amend was forthcoming, this Court on August 2, 2008 ordered petitioner to file a motion for leave to amend his habeas petition by August 26, 2008, should he still wish to amend. The Court granted petitioner's motion to extend the deadline to September 8, 2008, and petitioner did timely file his motion to amend. 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 Respondent has not filed any pleadings in opposition to the motion to amend the habeas petition. If respondent wishes to submit an answer to petitioner's motion, respondent must do so no later than February 13, 2009. Petitioner may file a reply, if appropriate, no later than February 27, 2009. IT IS SO ORDERED. Dated: January 26, 2009 SUSAN ILLSTON United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?