Gutierrez v. Gibson et al

Filing 41

ORDER Granting Petitioner's Requests for Extension of Time and to File Oversize Brief; Denying Request for Exhibits as Moot. Signed by Judge Thelton E. Henderson on 08/21/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/22/2013)

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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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EDWARD GUTIERREZ,

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No. C-11-4740 TEH (PR)

Petitioner,

ORDER GRANTING PETITIONER’S
REQUESTS FOR EXTENSION OF TIME
AND TO FILE OVERSIZE BRIEF;
DENYING REQUEST FOR EXHIBITS AS
MOOT

v.
C. GIBSON, Warden,
Respondent.

Docket nos. 35 and 37
/

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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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Respondent to file an answer showing why a writ of habeas corpus

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should not be granted.

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filed her answer.

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a motion for extension of time to file a traverse and moved the

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Court to order Respondent to send him exhibits.

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1, 2013, Petitioner filed his traverse together with an application

Doc. #4.

Doc. #23.

Doc. #1.

On

On December 3, 2012, Respondent

On February 22, 2013, Petitioner filed

Doc. #35.

On April

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to file an oversize brief.

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filed a document indicating she had sent Petitioner all exhibits.

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Doc. #39.

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that he had received the exhibits, he had read them and did not wish

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to amend his traverse.

Doc. #37.

On April 3, 2013, Respondent

On May 17, 2013, Petitioner filed a letter indicating

Doc. #40.

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Good cause appearing, the Court grants Petitioner’s motion

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for an extension of time to file his traverse and his application to

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file an oversize brief.

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him exhibits is denied as moot.

Petitioner’s motion for Respondent to send
The Court will address the merits

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of the petition in a separate order.

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## 35 and 37.

This Order terminates docket

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IT IS SO ORDERED.

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DATED

08/21/2013
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.11\Gutierrez 11-4740 EOT.Exhs.Oversize Brf .wpd

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