Smith v. Campbell

Filing 47

ORDER by Judge Marilyn Hall Patel granting 46 Motion for Leave to File pleading concerning application of state procedural default bar (AS AMENDED BY COURT). (awb, COURT STAFF) (Filed on 9/10/2010)

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Smith v. Campbell Doc. 47 1 2 3 4 5 6 7 8 9 10 LARRY GENE SMITH T-65308 Mule Creek State Prison P.O. Box 409040 Ione, California 95640 Petitioner Pro Se Assisted by NEOMA KENWOOD (SBN 101805) Attorney at Law P.M.B. #414 1563 Solano Avenue Berkeley, California 94707 Telephone and Facsimile: (510) 528-4775 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 his traverse, a separate pleading regarding procedural default NOT TO EXCEED 32 PAGES is 21 22 Court's resolution of that pleading, petitioner shall than file his traverse NOT TO EXCEED 23 24 25 26 27 28 50 at a date to be set by the _______ PAGES not later than _____________________. Court after review of the procedural default issues. If plaintiff does not use her page limit on procedural default wisely, the Court * Dated: ISTRIC ES D T UNIT ED _______________________________________ ) LARRY GENE SMITH, ) ) Petitioner, ) ) v ) ) ROSANNE CAMPBELL, Acting Warden, ) ) ) Respondent. ) ) C 06-02972 MHP [PROPOSED] ORDER GRANTING PETITIONER'S MOTION FOR LEAVE TO FILE PLEADING CONCERNING APPLICATION OF A STATE PROCEDURAL DEFAULT BAR * AS AMENDED BY COURT GOOD CAUSE APPEARING, Petitioner's request for leave to file, prior to the filing of October 4, 2010 granted. This pleading shall be filed not later than _________________________. Upon the S T TA C ER N [ P r o p o s e d ] Order Re: Petitioner's Motion for Leave to File Pleading Concerning Application of a State Procedural D e fa u l t Bar 1 Smith v. Campbell, C 06-02972 MHP F D IS T IC T O R * may consider reducing the page limit to less than 50 pages, 10 pages for facts and 10 pages each for the 3 major issues is enough. A C LI FO HON. MARILYN HALL PATEL United States Districte Marilyn H. Patel Judge Judg NO R NIA September 10, 2010 IT IS S O ORD ERED RT U O RT H

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