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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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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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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