Ellis v. United States of America
Filing
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ORDER SETTING BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO REOPEN UNDER SECTION 2255 (Docket #2019 in CR01-0344-EMC-20). Signed by Judge Edward M. Chen on 10/7/11. (bpf, COURT STAFF) (Filed on 10/7/2011)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
For the Northern District of California
United States District Court
[No. C-07-1844 EMC]
Defendant.
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No. CR-01-0344 EMC-20
ORDER SETTING BRIEFING
SCHEDULE ON DEFENDANT’S
MOTION TO REOPEN UNDER
SECTION 2255
v.
KIM ELLIS,
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(Docket No. 2019)
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___________________________________/
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Kim Ellis has filed a motion, asking the Court to reopen his federal habeas case. The Court
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hereby orders the following briefing schedule on Mr. Ellis’s motion.
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(1)
The United States shall have until November 7, 2011, to file an opposition to the motion.
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(2)
Mr. Ellis shall have until December 7, 2011, to file a reply to the opposition.
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Because Mr. Ellis is asking to reopen his federal habeas case, the Clerk of the Court shall file
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a copy of his motion in that case, No. C-07-1844 EMC.1 In addition, the Court instructs the parties
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Currently, the case is captioned No. C-07-1844 MHP (and not EMC). However, because
Mr. Ellis’s criminal case has been referred to the undersigned, Mr. Ellis’s related federal habeas case
shall be “renumbered” so that the undersigned’s initials are used instead of Judge Patel’s.
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to use No. C-07-1844 EMC in the caption of their briefs rather than the criminal case number (i.e.,
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No. CR01-0344 EMC-20).
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IT IS SO ORDERED.
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Dated: October 7, 2011
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_________________________
EDWARD M. CHEN
United States District Judge
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For the Northern District of California
United States District Court
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
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KIM ELLIS,
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Case Number: CV07-01844 MHP
Plaintiff,
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CERTIFICATE OF SERVICE
v.
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USA et al,
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Defendant.
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For the Northern District of California
United States District Court
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 7, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.
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Kim Ellis 95279-011
Federal Correctional Institution
P.O. Box 800
Herlong, CA 96113
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Dated: October 7, 2011
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Richard W. Wieking, Clerk
By: Betty Lee, Deputy Clerk
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