Redick v. Biter

Filing 32

STIPULATION AND ORDER EXTENDING TIME WITHIN WHICH TO FILE TRAVERSE re 31 STIPULATION filed by Tyler John Redick. The Court will grant this final request for continuance, but no more. Traverse due by 6/2/2014. If the traverse is not filed by that date, this matter will be dismissed for failure to prosecute. Signed by Judge William H. Orrick on 04/16/2014. (jmdS, COURT STAFF) (Filed on 4/16/2014)

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1 2 3 4 5 6 7 Mark R. Vermeulen [CSBN 115381] Law Office of Mark R. Vermeulen 755 Florida Street #4 San Francisco, CA 94110.2044 Phone: 415.824.7533 Fax: 415.824.4833 vermeulen@mindspring.com Attorney for Petitioner TYLER REDICK 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 TYLER REDICK, Petitioner, 13 v. 14 15 MARTIN BITER, Warden, Respondent. 16 17 ) ) ) ) ) ) ) ) 12-cv-00337 WHO STIPULATION AND ORDER EXTENDING TIME WITHIN WHICH TO FILE TRAVERSE Petitioner Tyler Redick’s traverse currently is due April 18, 2014. Counsel has completed his 18 investigation and he is preparing the traverse for filing. However, he will not be able to finalize the 19 traverse by the current due date due, in part, to other time-sensitive matters. With the anticipated work 20 remaining, and in light of the other time-sensitive matters, counsel expects to be able the traverse with a 21 further extension of forty-five (45 days), and he requests this, rather than another extension of thirty (30) 22 days. Counsel for Respondent again has graciously agreed to an additional extension, of forty-five (45) 23 24 25 26 27 days, subject to the Court’s approval. In light of this, the parties submit the following stipulation and proposed order. /// /// /// 28 29 30 -1STIPULATION AND ORDER EXTENDING TIME WITHIN WHICH TO FILE TRAVERSE 1 2 3 4 THE PARTIES STIPULATE AND REQUEST that the deadline for filing the traverse be extended by forty-five (45) days, so that the traverse will be due June 2, 2014. IT IS SO STIPULATED. Dated: April 14, 2014 Kamala D. Harris Attorney General of California 5 6 /S/ Bruce Ortega Deputy Attorney General Attorneys for Respondent 7 8 9 10 Dated: April 14, 2014 /S/ Mark R. Vermeulen Attorney for Petitioner TYLER REDICK 11 12 13 14 15 ORDER On May 20, 2013, attorney for petitioner sought the first of eight extensions to file a traverse on 16 behalf of Tyler Redick. The Court’s patience is at an end. I will grant this final request for a 17 continuance, but no more. 18 IT IS HEREBY ORDERED that the deadline for filing the traverse shall be extended by forty- 19 five (45) days, so that the traverse shall be due June 2, 2014. If the traverse is not filed by that date, this 20 matter will be dismissed for failure to prosecute. 21 IT IS SO ORDERED. 22 23 Dated: April 16, 2014 24 ________________________________ WILLIAM H. ORRICK United States District Judge 25 26 27 28 29 30 -2STIPULATION AND ORDER EXTENDING TIME WITHIN WHICH TO FILE TRAVERSE

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