Shelton v. Marshall et al

Filing 42

ORDER GRANTING LEAVE TO FILE MOTION FOR RECONSIDERATION; SETTING BRIEFING SCHEDULE. Signed by Judge Hamilton on 4/4/12. (pjhlc3, COURT STAFF) (Filed on 4/4/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JOSEPH P. SHELTON,
Petitioner,

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vs.

ORDER GRANTING LEAVE
TO FILE MOTION FOR
RECONSIDERATION;
SETTING BRIEFING
SCHEDULE

JOHN C. MARSHALL, Warden,
Respondent.
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For the Northern District of California

United States District Court

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No. C 10-01100 PJH

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On March 15, 2012, the court denied respondent’s motion to dismiss this habeas

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case on various grounds. On April 3, 2012, respondent filed a “motion to alter or amend”

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the order under Federal Rule of Civil Procedure 59(e). Because there has been no

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judgment in this case, respondent’s instant motion is actually one for reconsideration of an

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interlocutory order and requires leave of the court pursuant to Civil L.R. 7-9(a), which this

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court will grant. Petitioner’s opposition to the motion is due no later than Wednesday,

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April 18, 2012. Respondent’s reply is due Wednesday, April 25, 2012.

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The motion will be decided on the papers.

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IT IS SO ORDERED.

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Dated: April 4, 2012

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______________________________
PHYLLIS J. HAMILTON
United States District Judge