Ellis v. United States of America

Filing 13

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 UNITED STATES OF AMERICA, 9 Plaintiff, For the Northern District of California United States District Court [No. C-07-1844 EMC] Defendant. 10 11 No. CR-01-0344 EMC-20 ORDER SETTING BRIEFING SCHEDULE ON DEFENDANT’S MOTION TO REOPEN UNDER SECTION 2255 v. KIM ELLIS, 12 13 (Docket No. 2019) 14 ___________________________________/ 15 16 Kim Ellis has filed a motion, asking the Court to reopen his federal habeas case. The Court 17 hereby orders the following briefing schedule on Mr. Ellis’s motion. 18 (1) The United States shall have until November 7, 2011, to file an opposition to the motion. 19 (2) Mr. Ellis shall have until December 7, 2011, to file a reply to the opposition. 20 Because Mr. Ellis is asking to reopen his federal habeas case, the Clerk of the Court shall file 21 a copy of his motion in that case, No. C-07-1844 EMC.1 In addition, the Court instructs the parties 22 /// 23 /// 24 /// 25 /// 26 27 28 1 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. 1 to use No. C-07-1844 EMC in the caption of their briefs rather than the criminal case number (i.e., 2 No. CR01-0344 EMC-20). 3 4 IT IS SO ORDERED. 5 6 Dated: October 7, 2011 7 _________________________ EDWARD M. CHEN United States District Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 KIM ELLIS, 4 Case Number: CV07-01844 MHP Plaintiff, 5 CERTIFICATE OF SERVICE v. 6 USA et al, 7 Defendant. 8 9 11 For the Northern District of California United States District Court 10 12 / 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. 13 14 16 Kim Ellis 95279-011 Federal Correctional Institution P.O. Box 800 Herlong, CA 96113 17 Dated: October 7, 2011 15 18 Richard W. Wieking, Clerk By: Betty Lee, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 3

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