Shelton v. Marshall et al
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JOSEPH P. SHELTON,
ORDER GRANTING LEAVE
TO FILE MOTION FOR
JOHN C. MARSHALL, Warden,
For the Northern District of California
United States District Court
No. C 10-01100 PJH
On March 15, 2012, the court denied respondent’s motion to dismiss this habeas
case on various grounds. On April 3, 2012, respondent filed a “motion to alter or amend”
the order under Federal Rule of Civil Procedure 59(e). Because there has been no
judgment in this case, respondent’s instant motion is actually one for reconsideration of an
interlocutory order and requires leave of the court pursuant to Civil L.R. 7-9(a), which this
court will grant. Petitioner’s opposition to the motion is due no later than Wednesday,
April 18, 2012. Respondent’s reply is due Wednesday, April 25, 2012.
The motion will be decided on the papers.
IT IS SO ORDERED.
Dated: April 4, 2012
PHYLLIS J. HAMILTON
United States District Judge
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