Morris v. Malfi et al

Filing 22

ORDER amending briefing schedule. Signed by Judge Illston on 2/6/08. (ts, COURT STAFF) (Filed on 2/6/2008)

Download PDF
Morris v. Malfi et al Doc. 22 Case 3:06-cv-07409-SI Document 21 Filed 02/05/2008 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 S U Z A N N E A. LUBAN A t t o r n e y at Law S t a t e Bar No.: 120629 3 7 5 8 Grand Ave. #4 O a k l a n d , California 94610 T e l e p h o n e 510/832-3555 A t t o r n e y for Petitioner T A R A Y T. MORRIS U N I T E D STATES DISTRICT COURT FO R THE NORTHERN DISTRICT OF CALIFORNIA T A R A Y T. MORRIS 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) Petitioner, ) ) vs. ) ) TO NY MALFI, Warden, et al. ) ) Res pon dent. ) _________________________________ ) C a s e No.: C 06-7409 S T IP U L A TI O N AMENDING B R I E FI N G SCHEDULE FOR M O T I O N TO DISMISS A N D PROPOSED ORDER J u d g e : Hon. Susan Illston On December 4, 2006, Petitioner filed his initial pro per 2254 petition. On O c t o b e r 29, 2008, with leave of this Court, Petitioner's appointed counsel filed an ame nded petition. On December 26, 2007, Respondent filed a timely Motion to D i s m i s s the First Amended 2254 Petition. The Court issued an order on January 8, 2 0 0 8 , setting a briefing schedule for the motion to dismiss, with petitioner's opposing b r i e f due February 9, 2008, and respondent's reply brief due February 22, 2008. Co uns el for petitioner has substantially completed petitioner's brief. Ho w e v er, counsel is currently awaiting records from hospitals that have treated Mr. M o r r i s . It is not yet known whether the records of his treatment still exist at each of t h e s e hospitals, but the private investigator working with petitioner's counsel was 1 Dockets.Justia.com Case 3:06-cv-07409-SI Document 21 Filed 02/05/2008 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 som ew hat delayed in locating the hospitals and requesting records from them. The refore , additional time is needed for petitioner to give the hospitals a reasonable t i m e to respond, so any relevant medical records can be submitted along with the b r i e f. Petitioner remains incarcerated, serving the sentence imposed in the case under colla teral attack herein, as well as previously imposed sentence. Co unse l for respondent is agreeable to an order extending petitioner's time to file his opposing brief by thirty days, and also seeks thirty days thereafter to file respo nden t's reply brief. Therefore, the parties hereby stipulate that this Court shall e n t e r an order extending the time for petitioner to file his brief to March 10, 2008, a n d for respondent to file a reply brief to April 9, 2008. As provided in the Court's J a n u a r y 8, 2008 order, the motion shall be submitted for decision by this Court wit hou t a hearing unless the Court directs the parties otherwise. I T IS SO STIPULATED: D A T E D : February 5, 2008 /S/ Suzanne A. Luban S U Z A N N E A. LUBAN, Co unse l for Petitioner M orris D A T E D : February 5, 2008 /S/ Michael O'Reilley 1 M I C H A E L O'REILLEY D e p u t y Attorney General Co unse l for Respondent I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. /S/ Suzanne A. Luban S U Z A N N E A. LUBAN Co unse l for Taray Morris 2 1 Case 3:06-cv-07409-SI Document 21 Filed 02/05/2008 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________ ORDER I T IS HEREBY ORDERED that the time for petitioner to respond to the M o t i o n to Dismiss is extended to March 10, 2008. Respondent shall file an optional r e p l y brief by April 9, 2008. As provided in the Court's January 8, 2008 order, the m o t i o n shall be submitted for decision by this Court without a hearing unless the Co urt directs the parties otherwise. Dated: _____________, 2008 ___________________________ HON. SUSAN ILLSTON U.S. District Judge 3

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?