Branner v. Ayers, et al

Filing 275

ORDER by Judge D. Lowell Jensen granting 274 Respondent's Ex Parte Application/Motion for Extension of Time to File an updated Motion to Dismiss based on the AEDPA Statute of Limitations. Time enlarged by 60 days. Respondent has to 10/28/08 to file and serve Updated Motion. Petitioner's opposition filed within 45 days of date of service of motion. Respondent's reply filed within 30 days of date of service of opposition. Court shall set a hearing date if necessary. (fs, COURT STAFF) (Filed on 9/2/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Having considered Respondent's Ex Parte Application For A Ninth Enlargement Of Time v. Robert L. AYERS, Warden of California State Prison at San Quentin, Respondent. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION WILLIE BRANNER, aka JAMES WILLIS JOHNSON, Petitioner, CAPITAL CASE C-90-3219-DLJ ORDER GRANTING RESPONDENT'S EX PARTE APPLICATION FOR A NINTH ENLARGEMENT OF TIME TO FILE AN UPDATED MOTION TO DISMISS BASED ON THE AEDPA STATUTE OF LIMITATIONS, 28 U.S.C. § 2244(d)

20 To File An Updated Motion To Dismiss Based On the AEDPA Statute Of Limitations, 28 U.S.C. 21 § 2244(d), and GOOD CAUSE APPEARING, 22 23 IT IS HEREBY ORDERED as follows: 1. Respondent's Ex Parte Application For A Ninth Enlargement Of Time To File An

24 Updated Motion To Dismiss Based On The AEDPA Statute Of Limitations, 28 U.S.C. § 2244(d) 25 is GRANTED. 26 2. Time shall enlarge by 60 days, and Respondent shall file and serve his Updated Motion

27 on or before October 28, 2008. Petitioner shall file an opposition within 45 days of the date of 28 service of Respondent's motion. Respondent shall file a reply within 30 days of the date of service
Branner v. Ayers - [Proposed] Order Granting Resp. Ex Parte Appl. for a Ninth Enlargement of Time C-90-3219-DLJ

1

1 of Petitioner's opposition. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Branner v. Ayers - [Proposed] Order Granting Resp. Ex Parte Appl. for a Ninth Enlargement of Time C-90-3219-DLJ

3. The Court shall set a hearing date if necessary. DATED: September 2, 2008

_______________________________________ D. LOWELL JENSEN, Judge United States District Court

2