Gutierrez v. Gibson et al
Filing
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ORDER for Respondents to Respond to Petitioner's Requests for Exhibits and Vacating Date for Petitioner's Traverse. Signed by Judge Thelton E. Henderson on 03/18/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 3/19/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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No. C-11-4740 TEH (PR)
EDWARD GUTIERREZ,
Petitioner,
ORDER FOR RESPONDENTS TO
RESPOND TO PETITIONER’S
REQUESTS FOR EXHIBITS AND
VACATING DATE FOR PETITIONER’S
TRAVERSE
v.
C. GIBSON, Warden, and LOPEZ,
Former Warden,
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Respondents.
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/
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On September 19, 2011, Petitioner Edward Gutierrez, an
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inmate housed at Corcoran State Prison, filed a petition for a writ
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of habeas corpus under 28 U.S.C. § 2254 challenging a judgment of
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conviction from the Santa Clara County superior court.
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April 9, 2012, the Court issued an Order to Show Cause for
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Respondents to file an answer showing why a writ of habeas corpus
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should not be granted.
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filed their answer and a motion to file some of the exhibits
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submitted with their answer under seal.
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granted the motion to file the exhibits under seal.
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Doc. #4.
Doc. #1.
On
On December 3, 2012, Respondents
Doc. #25.
The Court
Doc. #26.
Since that time Petitioner has filed several documents
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indicating that he has not received the exhibits Respondents filed
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with their answer.
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Letter that he did not receive exhibits); Doc. #32 (Petitioner’s
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See Doc. #27 (Petitioner’s December 14, 2012
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January 22, 2013 Notice that he did not receive exhibits).
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January 22, 2013, the Court issued an Order Granting Petitioner an
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extension of time to file his traverse and ordering Respondents to
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provide exhibits to Petitioner.
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On
On February 22, 2013, Petitioner filed the instant motion
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requesting additional time to file his traverse because he still has
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not received exhibits from Respondents.
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exhibits he has not received.
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He attaches a list of the
Accordingly, the Court ORDERS Respondents, within two
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weeks from the date of this Order, to file with the Court and to
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serve on Petitioner a response to Petitioner’s requests for
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documents.
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The Court vacates the filing date for Petitioner’s
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traverse.
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reviews Respondents’ response to Petitioner’s requests for
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documents.
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The Court will set a new date for the traverse after it
IT IS SO ORDERED.
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DATED
03/18/2013
THELTON E. HENDERSON
United States District Judge
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G:\PRO-SE\TEH\HC.11\Gutierrez 11-4740 Brfg fm Resp.wpd
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