Ervin v. Ayers

Filing 243

ORDER by Judge Claudia Wilken Granting 240 Motion for Extension of Time to File Response/Reply re 213 MOTION for Summary Judgment. Responses due by 12/17/2012. (ndr, COURT STAFF) (Filed on 11/15/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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Curtis Lee ERVIN,
Petitioner,

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DEATH-PENALTY CASE
ORDER GRANTING PETITIONER’S
MOTION FOR ONE-MONTH
EXTENSION OF TIME TO
RESPOND TO RESPONDENT’S
MOTION FOR SUMMARY JUDGMENT

v.

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Case Number 4-0-cv-1228-CW

Kevin CHAPPELL,1 Acting Warden of
San Quentin State Prison,

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Respondent.
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[Doc. No. 240]
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Petitioner’s response to Respondent’s Motion for Summary

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Judgment, (Doc. No. 213), is presently due on November 14, 2012,

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(Doc. No. 238; see Doc. No. 237).

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extension of time to file his brief.

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stipulated to or did not oppose six prior requests for

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extensions.

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present request because “at some point, a delay becomes

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excessive.”

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Petitioner seeks a one-month

(See Doc. No. 241 at 1.)

(Doc. No. 240.)

Respondent

However, he opposes the

(Id. at 2.)

Respondent’s point is well taken.

However, Petitioner’s

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Respondent’s name is correctly spelled as indicated here.

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Motion establishes good cause for an extension, (see Doc. No. 240

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at 2), and Petitioner “does not anticipate requesting another

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extension,” (id. at 1).

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Accordingly, the Court grants Petitioner’s Motion as

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follows:

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Summary Judgment on or before December 17, 2012; absent

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compelling circumstances, the Court does not anticipate granting

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any further extensions of time to oppose summary judgment.

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Petitioner shall respond to Respondent’s Motion for

IT IS SO ORDERED.

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DATED:

November 15, 2012

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CLAUDIA WILKEN
United States District Judge