Gutierrez v. Gibson et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
No. C-11-4740 TEH (PR)
ORDER FOR RESPONDENTS TO
RESPOND TO PETITIONER’S
REQUESTS FOR EXHIBITS AND
VACATING DATE FOR PETITIONER’S
C. GIBSON, Warden, and LOPEZ,
On September 19, 2011, Petitioner Edward Gutierrez, an
inmate housed at Corcoran State Prison, filed a petition for a writ
of habeas corpus under 28 U.S.C. § 2254 challenging a judgment of
conviction from the Santa Clara County superior court.
April 9, 2012, the Court issued an Order to Show Cause for
Respondents to file an answer showing why a writ of habeas corpus
should not be granted.
filed their answer and a motion to file some of the exhibits
submitted with their answer under seal.
granted the motion to file the exhibits under seal.
On December 3, 2012, Respondents
Since that time Petitioner has filed several documents
indicating that he has not received the exhibits Respondents filed
with their answer.
Letter that he did not receive exhibits); Doc. #32 (Petitioner’s
See Doc. #27 (Petitioner’s December 14, 2012
January 22, 2013 Notice that he did not receive exhibits).
January 22, 2013, the Court issued an Order Granting Petitioner an
extension of time to file his traverse and ordering Respondents to
provide exhibits to Petitioner.
On February 22, 2013, Petitioner filed the instant motion
requesting additional time to file his traverse because he still has
not received exhibits from Respondents.
exhibits he has not received.
He attaches a list of the
Accordingly, the Court ORDERS Respondents, within two
weeks from the date of this Order, to file with the Court and to
serve on Petitioner a response to Petitioner’s requests for
The Court vacates the filing date for Petitioner’s
reviews Respondents’ response to Petitioner’s requests for
The Court will set a new date for the traverse after it
IT IS SO ORDERED.
THELTON E. HENDERSON
United States District Judge
G:\PRO-SE\TEH\HC.11\Gutierrez 11-4740 Brfg fm Resp.wpd
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?