Allen v. Gipson

Filing 41

ORDER VACATING WRIT. Signed by Judge Charles R. Breyer on 10/28/2015. (crblc1, COURT STAFF) (Filed on 10/28/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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PATRICK ALLEN,
Petitioner,

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ORDER VACATING WRIT

v.

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No. C12-03769 CRB

ERIC ARNOLD,
Respondent.

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In light of the letter sent to this Court on October 23, 2015 by L. David Nefouse on

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behalf of nonparty Alameda County Sheriff’s Office (“ASCO”) (dkt. 40), this Court

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VACATES the writ issued on October 19, 2015 (dkt. 39). ASCO, Respondent, and any other

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interested party may file an opposition to Petitioner’s Ex Parte Motion for Writ of Habeas

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Corpus (dkt. 36-3) within seven (7) days of this Order, if they wish to do so,1 and Petitioner

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may file a reply within fourteen (14) days of this Order, if he wishes to do so. Petitioner may

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also withdraw his Ex Parte Motion in light of the issues raised in Mr. Nefouse’s letter, or

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In the absence of any separately filed opposition, the Court will consider Mr. Nefouse’s letter
to be ASCO’s opposition.

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seek an alternate means of arranging a meeting between Petitioner and his experts.
IT IS SO ORDERED.
Dated: October 28, 2015
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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