Price-Mahdi v. Subia

Filing 19

ORDER GRANTING RESPONDENTS' APPLICATION 17 FOR A NEW BRIEFING SCHEDULE; Signed by Judge Marilyn Hall Patel on 10/21/2008. (Attachments: # 1 CertServ)(awb, COURT-STAFF) (Filed on 10/22/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 JOSHUA PRICE-MAHDI, Petitioner, v. RICH SUBIA, Warden, Respondent. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION C 07-5343 MHP (PR) [PROPOSED] ORDER GRANTING RESPONDENT'S APPLICATION FOR A NEW BRIEFING SCHEDULE, OR ALTERNATIVELY, FOR SUBMISSION OF THE MOTION TO DISMISS WITHOUT OPPOSITION OR REPLY

Having considered Respondent's Application For A New Briefing Schedule, Or

21 Alternatively, For Submission Of The Motion To Dismiss Without Opposition or Reply, and GOOD 22 CAUSE APPEARING, 23 24 IT IS HEREBY ORDERED as follows: 1. Since no Opposition to Respondent's Motion To Dismiss the Petition for Writ of

25 Habeas Corpus As Untimely has been filed as of this date, and since the Court has reason to believe 26 that Petitioner intended to file an Opposition, the Court has decided to extend the time for filing any 27 such Opposition. Accordingly, the Court hereby issues a revised briefing schedule. Even if 28
Price-Mahdi v. Subia - [Proposed] Order Granting Respondent's Application For A New Briefing Schedule, Or Alternatively, For Submission Of The Motion To Dismiss Without Opposition Or Reply - C 07-5343 MHP (PR)

1

1 Petitioner has previously offered an Opposition for filing, he must file and serve another Opposition 2 within the time limits set by this Order if he wishes to have it considered by the Court. 3 2. The time for filing and serving an Opposition to any Motion To Dismiss the Petition

4 is hereby extended. Any Opposition shall now be filed on or before November 17, 2008. If no 5 Opposition is filed by that date, the Motion To Dismiss the Petition for Writ of Habeas Corpus shall 6 be taken under submission by the Court as of that date, without any Opposition or Reply. 7 3. If Petitioner files an Opposition by the date fixed herein, Respondent may file and serve

8 a Reply on or before December 8, 2008, at which time the Motion To Dismiss the Petition for Writ 9 of Habeas Corpus As Untimely shall be deemed submitted. 10 No hearing will be held on the motion. If the Court denies the Motion To Dismiss, the

11 Court will then determine whether Respondent must file an Answer to the Petition. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Price-Mahdi v. Subia - [Proposed] Order Granting Respondent's Application For A New Briefing Schedule, Or Alternatively, For Submission Of The Motion To Dismiss Without Opposition Or Reply - C 07-5343 MHP (PR)

Dated: 10/21/2008

UNIT ED

_________________________________________ MARILYN HALL PATEL United States District Judge ERED ORD
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