Orthel v. Yates

Filing 15

ORDER (SI, COURT STAFF) (Filed on 5/17/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 KLEE CHRISTOPHER ORTHEL, 9 United States District Court For the Northern District of California 10 11 12 No. C 10-03612 SI Plaintiff, ORDER v. JAMES A. YATES, Defendant. / 13 14 On December 17, 2010, respondent Yates filed a motion to dismiss this habeas corpus petition. 15 The parties agreed that the motion should be held in abeyance until petitioner Orthel received certain 16 requested health records. On February 15, 2011, the Court ordered petitioner to file a supplemental 17 opposition brief to respondent’s motion to dismiss 30 days after receiving the requested records. The 18 Court also noted that if petitioner did not receive the records by March 27, 2011, he could request the 19 assistance of the Court to obtain the records. Petitioner has not filed a supplemental brief or a request 20 for assistance. Therefore, petitioner is hereby ORDERED to submit a written update to the Court by 21 5:00 p.m. on May 27, 2011 regarding the status of his records request, and the anticipated date by 22 which he will submit a supplemental brief. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: May 17, 2011 SUSAN ILLSTON United States District Judge

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