Price v. Ayers

Filing 198

STIPULATION AND ORDER re 197 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO FILE AMENDED PETITION filed by Curtis Floyd Price. Signed by Judge Phyllis J. Hamilton on 5/18/12. (sis, COURT STAFF) (Filed on 5/21/2012)

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ROBERT L. MCGLASSON (GA Bar #492638)
ATTORNEY AT LAW
1024 Clairemont Avenue
Decatur, GA 30030
Telephone:
404 314 7664
Facsimile:
404 879 0005
[e-mail]
KEKER & VAN NEST LLP
JAN NIELSEN LITTLE - # 100029
[e-mail]
STEVEN A. HIRSCH - # 171825
[e-mail]
ASIM M. BHANSALI - # 194925
[e-mail]
STEVEN P. RAGLAND - # 221076
[e-mail]
CODY S. HARRIS - # 255302
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188
Attorneys for Petitioner
CURTIS FLOYD PRICE

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DAVID H. ROSE
[e-mail]
CA STATE ATTORNEY GENERAL’S OFFICE
455 Golden Gate Avenue., Suite 11000
San Francisco, CA 94102-7004
Telephone:
415-703-5853

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Attorney for Respondent Warden Ayers

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CURTIS FLOYD PRICE,

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Petitioner,
v.

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ROBERT L. AYERS, JR., Warden of San
Quentin State Prison,

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Case No. C-93-0277 PJH
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO FILE
AMENDED PETITION
Judge:

Hon. Hon. Phyllis J. Hamilton

Respondent.

Date Filed: Jan. 25, 1993

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE AMENDED PETITION
Case No. C-93-0277 PJH
666144.01

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Pursuant to N.D. Civ. L.R. 6-2 and the accompanying Declaration of Jan N. Little, the
parties hereby stipulate as follows:
WHEREAS, the Court issued an Order [Dkt. 196] on February 2, 2012, requiring the

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Petitioner to file his amended federal habeas corpus petition within 120 days of that Order; the

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Respondent to file its answer within 120 days of the filing of Petitioner’s amended petition; and

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the Petitioner to file any reply 60 days later;

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WHEREAS, this schedule requires Petitioner to file his amended petition by June 1, 2012;

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WHEREAS, counsel for Petitioner have multiple scheduling conflicts that would make

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meeting the June 1, 2012 deadline extremely burdensome, as set forth in the accompanying
Declaration of Jan N. Little;
WHEREAS, Petitioner therefore would request an additional 90 days to finalize and file
his amended habeas corpus petition; and
WHEREAS, Petitioner has discussed this continuance with Respondent, who does not
oppose the continuance;
NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through

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their respective counsel of record, that the June 1, 2012 deadline for Petitioner to file his amended

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habeas corpus petition be continued to September 1, 2012; that the Respondent’s deadline to file

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its answer then be extended 135 days (to accommodate the holidays), to January 15, 2013; and

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that the Petitioner’s deadline to file his reply be continued to March 15, 2013.

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Dated: May 17, 2012

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By:

/s/ Robert L. McGlasson
ROBERT L. MCGLASSON

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE AMENDED PETITION
Case No. C-93-0277 PJH
666144.01

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Dated: May 17, 2012

KEKER & VAN NEST LLP

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By:

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Attorneys for Petitioner
CURTIS FLOYD PRICE

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/s/ Jan Nielsen Little
JAN NIELSEN LITTLE
STEVEN A. HIRSCH
ASIM M. BHANSALI
STEVEN P. RAGLAND
CODY S. HARRIS

Dated: May 17, 2012

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By:

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/s/ David H. Rose
DAVID H. ROSE
Deputy California Attorney General
455 Golden Gate Avenue, #11000
San Francisco, CA 94102-3664
Attorneys for Respondent
ROBERT L. AYERS, JR., Warden of San
Quentin State Prison

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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May 18
Dated: _________________, 2012

By: ____________________________________
HON. PHYLLIS J. HAMILTON

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE AMENDED PETITION
Case No. C-93-0277 PJH
666144.01