Branner v. Ayers, et al

Filing 331

ORDER by Judge D. Lowell Jensen granting 330 Petitioner's Ex parte Application/Motion for Extension of Time to File Response/Reply Relating to Opposition to Respondent's 329 MOTION TO RECONSIDER FINDINGS ON PROCEDURAL DEFAULT. Time enlar ged by 45 days. Petitioner to file and serve Opposition to Respondent's Motion to Reconsider Findings on Procedural Default by 9/8/2011. Respondent shall file and serve his Reply brief in Support of Respondent's Motion to Dismss 30 days thereafter, on or before 10/10/2011. Court shall set a hearing date if necessary. (fs, COURT STAFF) (Filed on 7/21/2011)

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP David Eiseman (Bar No. 114758) Albert P. Bedecarré (Bar No. 148178) 2 50 California Street, 22nd Floor 3 San Francisco, California 94111 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 4 5 Attorneys for Petitioner Willie Branner 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 OAKLAND DIVISION 10 11 12 WILLIE BRANNER, Petitioner, 13 vs. 14 MICHAEL MARTEL, Warden of California 15 State Prison at San Quentin, 16 CASE NO. C 90-3219 DLJ ORDER GRANTING PETITIONER’S EX PARTE APPLICATION FOR FIRST ENLARGEMENT OF TIME RELATING TO OPPOSITION TO RESPONDENT’S MOTION TO RECONSIDER FINDINGS ON PROCEDURAL DEFAULT Respondent. 17 18 Having considered Petitioner Willie Branner’s (“Petitioner”) Ex Parte Application for 19 20 21 Enlargement of Time Relating to Respondent’s Motion to Reconsider Findings on Procedural Default, and GOOD CAUSE APPEARING, IT IS HEREBY ORDERED as follows: 22 1. 23 24 Respondent’s Motion to Reconsider Findings of Procedural Default is GRANTED. 2. 25 26 27 28 Petitioner’s Ex Parte Application for Enlargement of Time Relating to Time shall enlarge by 45 days, and Petitioner shall file and serve his Opposition to Respondent’s Motion to Reconsider Findings on Procedural Default on or before September 8, 2011. Case No. C 90-3219 DLJ -1[PROPOSED] ORDER GRANTING PETITIONER’S EX PARTE APPLICATION FOR FIRST ENLARGEMENT OF TIME RELATING TO OPPOSITION TO RESPONDENT’S MOTION TO RECONSIDER FINDINGS ON PROCEDURAL DEFAULT 1 3. Respondent shall file and serve his Reply Brief in support of Respondent’s Motion 2 to Dismiss 30 days thereafter, on or before October 10, 2011; and 3 4. The Court shall set a hearing date if necessary. 4 5 DATED: July 21, 2011 6 7 8 HONORABLE D. LOWELL JENSEN UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 90-3219 DLJ -2[PROPOSED] ORDER GRANTING PETITIONER’S EX PARTE APPLICATION FOR FIRST ENLARGEMENT OF TIME RELATING TO OPPOSITION TO RESPONDENT’S MOTION TO RECONSIDER FINDINGS ON PROCEDURAL DEFAULT

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