Ray v. Cate

Filing 106

ORDER DENYING MOTION FOR RECONSIDERATION; ORDER SETTING BRIEFING SCHEDULE by Judge Yvonne Gonzalez Rogers denying 81 Motion ; denying 87 Motion to Alter Judgment; Granting 90 Motion for Leave to File; denying 91 Motion for Reconsideration ; denying 98 Motion ; denying 99 Motion (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 8/16/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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ORDER DENYING MOTION
FOR RECONSIDERATION;

Petitioner,
v.

ORDER SETTING BRIEFING
SCHEDULE

MATTHEW CATE,
Respondent.
/

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No. C 11-1604 YGR (PR)

EDWARD VINCENT RAY, III,

Respondent’s motion for reconsideration (Docket No. 91) and his motion to alter the

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judgment (Docket No. 87) are DENIED. His motion for leave to file a motion for

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reconsideration (Docket No. 90) is GRANTED.

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Petitioner’s motion (1) to require respondent to file an answer or default (Docket No.

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98), (2) for release pending disposition of his habeas petition (Docket No. 99), and (3) for an

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order addressing the merits of the petition (Docket No. 81), are DENIED.

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Respondent shall file an answer addressing the merits of the petition on or before

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September 15, 2013. If petitioner chooses to file a traverse, he must do so by October 15,

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2013. Extensions of time must be filed no later than the deadline sought to be extended and

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must be accompanied by a showing of good cause.

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The Clerk shall terminate Docket Nos. 81, 87, 90, 91, 98 and 99.

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IT IS SO ORDERED.

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DATED: August 16, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
No. C 11-1604 YGR (PR)
ORDER SETTING BRIEFING SCHEDULE