Gutierrez v. Gibson et al

Filing 36

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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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 United States District Court For the Northern District of California 10 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, 11 Respondents. 12 / 13 14 On September 19, 2011, Petitioner Edward Gutierrez, an 15 inmate housed at Corcoran State Prison, filed a petition for a writ 16 of habeas corpus under 28 U.S.C. § 2254 challenging a judgment of 17 conviction from the Santa Clara County superior court. 18 April 9, 2012, the Court issued an Order to Show Cause for 19 Respondents to file an answer showing why a writ of habeas corpus 20 should not be granted. 21 filed their answer and a motion to file some of the exhibits 22 submitted with their answer under seal. 23 granted the motion to file the exhibits under seal. 24 Doc. #4. Doc. #1. On On December 3, 2012, Respondents Doc. #25. The Court Doc. #26. Since that time Petitioner has filed several documents 25 indicating that he has not received the exhibits Respondents filed 26 with their answer. 27 Letter that he did not receive exhibits); Doc. #32 (Petitioner’s 28 See Doc. #27 (Petitioner’s December 14, 2012 1 January 22, 2013 Notice that he did not receive exhibits). 2 January 22, 2013, the Court issued an Order Granting Petitioner an 3 extension of time to file his traverse and ordering Respondents to 4 provide exhibits to Petitioner. 5 On On February 22, 2013, Petitioner filed the instant motion 6 requesting additional time to file his traverse because he still has 7 not received exhibits from Respondents. 8 exhibits he has not received. 9 He attaches a list of the Accordingly, the Court ORDERS Respondents, within two 10 weeks from the date of this Order, to file with the Court and to 11 serve on Petitioner a response to Petitioner’s requests for 12 documents. 13 The Court vacates the filing date for Petitioner’s 14 traverse. 15 reviews Respondents’ response to Petitioner’s requests for 16 documents. 17 The Court will set a new date for the traverse after it IT IS SO ORDERED. 18 19 20 DATED 03/18/2013 THELTON E. HENDERSON United States District Judge 21 22 23 24 G:\PRO-SE\TEH\HC.11\Gutierrez 11-4740 Brfg fm Resp.wpd 25 26 27 28 2

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