Orthel v. Yates

Filing 15

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

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KLEE CHRISTOPHER ORTHEL,

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United States District Court
For the Northern District of California

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No. C 10-03612 SI

Plaintiff,

ORDER

v.
JAMES A. YATES,
Defendant.

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On December 17, 2010, respondent Yates filed a motion to dismiss this habeas corpus petition.

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The parties agreed that the motion should be held in abeyance until petitioner Orthel received certain

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requested health records. On February 15, 2011, the Court ordered petitioner to file a supplemental

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opposition brief to respondent’s motion to dismiss 30 days after receiving the requested records. The

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Court also noted that if petitioner did not receive the records by March 27, 2011, he could request the

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assistance of the Court to obtain the records. Petitioner has not filed a supplemental brief or a request

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for assistance. Therefore, petitioner is hereby ORDERED to submit a written update to the Court by

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5:00 p.m. on May 27, 2011 regarding the status of his records request, and the anticipated date by

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which he will submit a supplemental brief.

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IT IS SO ORDERED.

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Dated: May 17, 2011
SUSAN ILLSTON
United States District Judge