Wilkins v. Macomber

Filing 69

ORDER:DENYING SUPPLEMENTAL MOTION FOR RECONSIDERATION WITHOUT PREJUDICE; GRANTING REQUEST FOR EXTENSION OF TIME; AND SETTING DEADLINES ON RENEWED MOTION FOR RECONSIDERATION 63 . (Illston, Susan) (Filed on 8/2/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEENAN G. WILKINS,

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Petitioner,
v.

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JEFF MACOMBER,
Respondent.

United States District Court
Northern District of California

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Case No. 16-cv-00221-SI
ORDER:
--DENYING SUPPLEMENTAL
MOTION FOR RECONSIDERATION
WITHOUT PREJUDICE;
--GRANTING REQUEST FOR
EXTENSION OF TIME; AND
--SETTING DEADLINES ON
RENEWED MOTION FOR
RECONSIDERATION
Re: Dkt. No. 63

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On July 18, 2018, petitioner filed a supplemental motion for reconsideration of the Court’s

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May 8, 2018 Order and requested another extension of time to complete his motion for

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reconsideration. Dkt. No. 63. The Court ordered counsel for petitioner to file a declaration in

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support of the request for an extension. Dkt. No. 67. Upon due consideration of the declaration of

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attorney James Phillip Vaughns subsequently filed in support thereof, see Dkt. No. 68, the Court

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GRANTS the request for an extension of time, DENIES the supplemental motion for

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reconsideration without prejudice, and sets the following deadlines for petitioner’s renewed

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motion for reconsideration.

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Petitioner shall file a consolidated, renewed motion for reconsideration, including any

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and all state writs that he wishes the Court to consider, by August 17, 2018. 1 The renewed

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As previously advised, the Court requires that petitioner file a full, renewed motion for
reconsideration (not a supplemental motion), so that the Court is not ruling on multiple motions
filed piecemeal. See Dkt. No. 67 at 2. At this point, petitioner has filed a partial motion for
reconsideration, attaching four state writs, and a supplemental motion for reconsideration,
attaching three of the previously attached state writs, as well as nine others. See Dkt. Nos. 61, 63.
Allowing further supplementation of the motion, rather than requiring a consolidated, renewed

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motion must comply with the prior Order that petitioner shall cite to the page number and, where

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available, line numbers of the prior writs and match these to the specific claims in the Amended

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Petitions that he asserts his state writs exhausted. See Dkt. No. 62 at 2. Respondent shall file his

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opposition by September 7, 2018. If petitioner wishes to file a reply brief, he shall file it by

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September 21, 2018.

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extensions of the time on the motion for reconsideration.

Going forward, the Court will not be inclined to grant any further

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: August 2, 2018
______________________________________
SUSAN ILLSTON
United States District Judge

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motion, would only further confuse an already messy record.
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