Sorrell v. Swarthout et al

Filing 7

ORDER setting new schedule (tf, COURT STAFF) (Filed on 10/27/2010)

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Sorrell v. Swarthout et al Doc. 7 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-civ-05888-SI STIPULATION TO EXTEND BRIEFING TIME AND PROPOSED ORDER THE PARTIES STIPULATE AS FOLLOWS and request that the Court enter the annexed order in support of the stipulation: 1. The traverse in this case is due on October 22, 2010. 2. Counsel for petitioner is in trial, and has been since October 18, 2010. The trial is of a complex life-imprisonment case, and is expected to last through November 17, 2010. Counsel has, in addition actually to being in trial, been engaged in extensive pretrial preparation for several weeks, and has also filed significant appellate briefs. Therefore, counsel represents that he cannot reasonably file the traverse in this case on schedule; has so represented to the state; has requested that a new filing date be ordered; and the state does not object. 3. The proposed new filing date is two weeks from the prior date, or on -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 November 5, 2010. WHEREFORE, the parties stipulate that the traverse to the return on the habeas corpus petition herein shall be filed on or before November 5, 2010. DATED: October 21, 2010 //s// Juliet Haley __________________________________ Attorney for Respondent //s// Donald Bergerson __________________________________ Attorney for Petitioner PROPOSED ORDER In consideration of the annexed stipulation, the traverse to the return on petitioner's 28 USC 2254 habeas corpus shall be filed on or before November 5, 2010. SO ORDERED DATED: October __, 2010 _______________________________________ HON. S. ILLSTON, U.S. DIST. JUDGE PROOF OF SERVICE This stipulation and proposed order were served on respective counsel via the ECF filing system of this Court on October 21, 2010. DATED: October 21,2010 //s// Donald Bergerson _______________________________________ Donald Bergerson -2

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