Garner v. Mayle

Filing 111

ORDER re 110 REGARDING PETITIONERS MOTION FOR STATUS OF CASE. Signed by Judge Claudia Wilken on 2/19/09. (scc, COURT STAFF) (Filed on 2/19/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. B.A. MAYLE, Respondent. / ARTHUR GRADY GARNER, Petitioner, No. C 99-02863 CW ORDER REGARDING PETITIONER'S MOTION FOR STATUS OF CASE (Docket # 110) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Petitioner requests that the Court inform him of the status of his petition because he has been unsuccessful in obtaining this information from his counsel. On January 23, 2009, Erik G. Babcock, Petitioner's counsel, filed a motion to extend the time to file a brief on behalf of Petitioner. Mr. Babcock requested an extension from January 22 to

March 9, 2009 due to the fact that he had just been confirmed to start trial on February 3, 2009 in People v. Chavez, Sonoma County Superior Court No. 498567, representing the defendant who was charged with first degree murder. Mr. Babcock declared that he

needed as much time as possible to prepare for the Chavez trial and could not finish Petitioner's brief at the same time. Mr. Babcock He

estimated that the trial would conclude at the end of February.

requested an extension to March 9th to allow himself one full week

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

after the trial ended to complete his brief on behalf of Petitioner. On January 26, 2009, the Court granted, due to the Chavez trial, the request for an extension of time to March 9, 2009 to file further briefing, but added that if the trial did not proceed, counsel should notify the Court and propose an earlier filing date. The Court anticipates that Petitioner's brief will be filed by March 9, 2009.

IT IS SO ORDERED.

Dated: 2/19/09

CLAUDIA WILKEN United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GARNER, Plaintiff, v. MAYLE, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV99-02863 CW CERTIFICATE OF SERVICE

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on February 19, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Arthur Garner D-26064 Pleasant Valley State Prison P.O. Box 8501 Coalinga, CA 93210 Dated: February 19, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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