Gunn v. Yates

Filing 30

ORDER : Respondent must file and serve his answer to the petition for writ of habeas corpus no later than 2/6/09. Petitioner must file and serve his traverse no later than 3/20/09. Denying 28 petitioner's motion to retrieve legal documents. The documents filed by petitioner will remain part of the record. The court also will no order respondnet's counsel to return his copy of those same documents to petitioner. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 1/26/2009) (Additional attachment(s) added on 1/28/2009: # 1 cs) (ys, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA THOMAS STEPHEN GUNN, Petitioner, v. JAMES A. YATES, warden, Respondent. / No. C 07-347 SI (pr) ORDER The court earlier vacated the briefing schedule on the petition for writ of habeas corpus because petitioner had filed a document that suggested he might want to amend his petition to assert a new claim. Petitioner then filed an "answer" to the order informing the court that he did not intend to amend his petition. (Docket # 29.) Since there will not be further amendment of the petition, the court now sets the following briefing schedule on the petition: Respondent must file and serve his answer to the petition for writ of habeas corpus no later than February 6, 2009. Petitioner must file and serve his traverse no later than March 20, 2009. Petitioner's "motion to retrieve legal documents" is DENIED. (Docket # 28.) The documents to which he refers were already filed (see docket # 24 and # 25) and made part of the court record. Absent very unusual circumstances, once something is filed, it must remain in the court record. The documents filed by petitioner will remain part of the record. The court also will not order respondent's counsel to return his copy of those same documents to petitioner. IT IS SO ORDERED. DATED: January 26, 2009 SUSAN ILLSTON United States District Judge

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