Salcido v. Wong

Filing 34

ORDER GRANTING IN PART 32 PETITIONER'S MOTION TO STRIKE; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on August 29, 2012.(mmcsec, COURT STAFF) (Filed on 8/29/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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RAMON BOJORQUEZ SALCIDO,

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Petitioner,
v.

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KEVIN CHAPPELL,1
Acting Warden of San Quentin State Prison,

Case Number 09-0586 MMC
DEATH-PENALTY CASE
ORDER GRANTING IN PART
PETITIONER’S MOTION TO
STRIKE; DIRECTIONS TO CLERK
[Doc. No. 32]

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Respondent.

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On August 22, 2012, respondent filed a “Response in Opposition to Administrative

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Motion to File Under Seal Portions of the Petition for Writ of Habeas Corpus.” (Doc. No. 31.)

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Now before the Court is petitioner’s “Motion to Strike Respondent’s Response in Opposition”

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(Doc. No. 32) or, in the alternative, to be afforded leave to file a reply brief (id. at 5); as

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petitioner points out, said opposition brief was filed late, see Civil L.R. 7-11(b), and is oversized,

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see id. Respondent does not oppose petitioner’s alternative request. (Doc. No. 33 at 2.)

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Accordingly, petitioner’s motion to strike the opposition or, alternatively, to file a reply

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(Doc. No. 32) is hereby GRANTED IN PART, and petitioner may file, within seven days of the

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Kevin Chappell is automatically substituted for his predecessor pursuant to Federal Rule
of Civil Procedure 25(d), and the Clerk is hereby DIRECTED to substitute Kevin Chappell as
respondent on the court docket.

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date of this order, a reply brief not exceeding ten pages in length. Upon receipt of petitioner’s

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reply or the expiration of petitioner’s time to file a reply, whichever is earlier, the Court will take

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the matter under submission.

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Additionally, the hearing date for “Petitioner’s Motion for Bittaker Protective Order”

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(Doc. No. 29), currently set for September 14, 2012, is hereby VACATED, and said matter will

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stand submitted upon the filing of petitioner’s reply or the expiration of petitioner’s time to file a

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reply, whichever is earlier.

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IT IS SO ORDERED.
DATED: August 29, 2012

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_______________________________
MAXINE M. CHESNEY
United States District Judge

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