Kearney v. Swarthout

Filing 35

ORDER by Judge Claudia Wilken GRANTING RESPONDENT'S 33 MOTION TO FILE ADDITIONAL BRIEFING AND EXHIBITS; GRANTING PETITIONER'S 34 REQUEST FOR EXTENSION OF TIME TO FILE TRAVERSE. (ndr, COURT STAFF) (Filed on 6/7/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 09-05308 CW (PR)

SHERROD KEARNEY,

ORDER GRANTING RESPONDENT'S
MOTION TO FILE ADDITIONAL
BRIEFING AND EXHIBITS; GRANTING
PETITIONER'S REQUEST FOR
EXTENSION OF TIME TO FILE
TRAVERSE

Petitioner,
v.

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G. SWARTHOUT, Warden,

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Respondent.

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Petitioner, a state prisoner, filed a pro se petition for a

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writ of habeas corpus.

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answer to the petition and granted Petitioner leave to file a

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traverse.

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before the Court is Respondent's request to file additional

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briefing and exhibits with respect to Petitioner's ineffective

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assistance of counsel claim, on the ground that the reporter's and

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clerk's transcripts related to said claim became available to

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Respondent only recently.

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GRANTED.

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additional briefing and exhibits submitted by Respondent with the

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instant request on May 10, 2011 (Docket no. 33).

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Respondent shall serve a copy of the additional briefing and

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exhibits on Petitioner within twenty (20) days from the date of

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this Order.

The Court directed Respondent to file an

Respondent filed an answer on March 29, 2011.

Now

Good cause appearing, the request is

The Clerk of the Court shall docket as "filed" the

Additionally,

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Petitioner has filed a request for an extension of time to

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file a traverse to the answer.

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Petitioner shall file his traverse no later than 60 (sixty) days

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from the date of this Order.

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date, the matter will be deemed submitted and ready for decision.

The request is hereby GRANTED.

If no traverse is received by that

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This Order terminates Docket nos. 33 and 34.

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IT IS SO ORDERED.

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Dated: 6/7/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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SHERROD KEARNEY,

Case Number: CV09-05308 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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G. SWARTHOUT et al,
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Defendant.
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United States District Court
For the Northern District of California

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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 June 7, 2011, 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.

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Sherrod Kearney F-26829
CSP-Solano
P.O. Box 4000
Vacaville, CA 95696-4000
Dated: June 7, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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