Sorrell v. Swarthout et al

Filing 11

ORDER granting extension (tf, COURT STAFF) (Filed on 11/30/2010)

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Sorrell v. Swarthout et al Doc. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DONALD THOMAS BERGERSON CSB No. 91263 15 Boardman Place, Ste. 2D San Francisco, CA., 94103 Telephone: (415) 621-8149 Facsimile : (415) 920-9288 Attorney for Petitioner, ANTHONY SORRELL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO VENUE ANTHONY SORRELL, Petitioner and Moving Party, vs. GARY SWARTHOUT, as Warden; EDMUND G. BROWN, JR., Attorney General, et. al., . Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ) No. 3:09-cv-05888-SI STIPULATION FOR LATE FILING OF TRAVERSE TO RETURN AND PROPOSED ORDER THE PARTIES STIPULATE: The traverse to the return to the petition on file herein was due on November 5, 2010 and should be filed on November 16, 2010. Counsel for the defense suffered from influenza from a time prior to the due date of the petition, as well as from other issues, which prevented him from being able to file the traverse before the proposed date. Counsel was in communication with the state's attorney who consented to any delay in filing-time that he required under the circumstances. The traverse is now completed and posed on the Court's web site and the parties therefore mutually request that the Court grant, nunc pro tunc, an extension of -1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 time to file the traverse from November 5, 2010 to November 16, 2010 and to order the traverse filed. SO STIPULATED: DATED: November 16, 2010 //s//Juliet Haley, DAG ________________________________________ Attorney for Respondent \ //s// Donald Thomas Bergerson _______________________________________ Attorney for Petitioner PROPOSED ORDER EXTENDING TIME FOR FILING AND ORDERING TRAVERSE TO RETURN TO BE FILED The annexed stipulation having been considered and GOOD CAUSE APPEARING THEREFOR, the Court orders that time for filing the traverse to the return to the 2254 motion on file herein is extended to November 16, 2010 and ORDERS that the traverse be filed as of that dated. SO ORDERED. DATED: November __, 2010 ________________________________________ UNITED STATES DISTRICT JUDGE PROOF OF SERVICE I, DONALD THOMAS BERGERSON, am 18 years old and not a party hereto, and on November 16, 2010, I served the within on Attorney General of California, by depositing the same in the ECF filing system of this Court. EXECUTED: City and County of San Francisco, California, in the Northern District of California, this November 16, 2010. //s// Donald Thomas Bergerson ______________________________________ DONALD THOMAS BERGERSON -2

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